Mobley v. Department of Homeland Security
Court of Appeals for the D.C. Circuit
1Opinion of the Court
MEMORANDUM OPINION
BERYL A. HOWELL, District Judge.
This action, brought pursuant to the Freedom of Information Act (“FOIA”), 5 *44U.S.C. § 552 et seq., and the Privacy Act (“PA”), 5 U.S.C. § 552a et seq., comes before the Court on. the plaintiffs petition for attorney’s fees. The primary question presented is whether a FOIA plaintiff has “substantially prevailed” when the plaintiff sought, but never received, any records responsive to its request, but the plaintiffs lawsuit nevertheless succeeded in causing the defendant to process a request that the agency had previously refused to process.
I.…
2Cases cited15 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Ciralsky v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2004
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Brayton v. Office of United States Trade RepresentativeCourt of Appeals for the D.C. Circuit · 2011
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3Cited by12 opinions
- American Oversight v. U.S. Dep't of JusticeCourt of Appeals for the D.C. Circuit · 2019
- DaSilva v. United States Citizenship & Immigration ServicesCourt of Appeals for the Fifth Circuit · 2014
- People for the Ethical Treatment of Animals v. National Institutes of Health, Department of Health and Human ServicesDistrict Court, District of Columbia · 2015
- Codrea v. Bureau of Alcohol, Tobacco, Firearms, and ExplosivesDistrict Court, District of Columbia · 2017
- Grand Canyon Trust v. ZinkeCourt of Appeals for the D.C. Circuit · 2018
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