Legal Opinion

David Ely v. Federal Bureau of Investigation

Court of Appeals for the Eleventh Circuit

Decided February 10, 1986No. 84-3632PublishedCited by 31 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

We are called upon to consider the scope of disclosure to which a government agency may be subjected when that agency is party to a law suit seeking release of information possibly privileged under the Freedom of Information Act. For the reasons stated herein, we find that an agency must, at a minimum, submit to either of two methods of review by the district court in order to determine if the claim of privilege is properly made. Accordingly, we REVERSE the order of summary judgment below and REMAND this case for trial.

I

David Ely is incarcerated in a federal prison…

2Cases cited18 opinions

  1. Robert G. Vaughn v. Bernard Rosen, Executive Director, United States Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1973
  2. Department of the Air Force v. RoseSupreme Court of the United States · 1976
  3. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  4. National Labor Relations Board v. Robbins Tire & Rubber Co.Supreme Court of the United States · 1978
  5. United States Department of State v. Washington Post Co.Supreme Court of the United States · 1982

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Miccosukee Tribe of Indians of Florida v. United StatesCourt of Appeals for the Eleventh Circuit · 2008
  2. David Miscavige v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1993
  3. Hayden Leigh Silets v. United States Department of JusticeCourt of Appeals for the Seventh Circuit · 1991
  4. The News-Press v. U. S. Dept. of Homeland SecurityCourt of Appeals for the Eleventh Circuit · 2007
  5. Broward Bulldog, Inc. v. U.S. Department of JusticeCourt of Appeals for the Eleventh Circuit · 2019

26 more not listed; retrieve them via the Exa API.

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