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Keywords

lawsuitattorneytrialmotionjudicial reviewmotion to dismiss

plaintiffdefendantattorneytrialpleamotionregulationcivil procedureexport control

Related Cases

Charles v. United States, Not Reported in Fed. Supp., 2022 WL 951242

Facts

Nathan M. F. Charles, a former Trial Attorney in the DOJ's National Security Division, reported mismanagement within his division, which he claimed led to retaliatory actions against him, including a suspension and an involuntary transfer. After resigning, he submitted a FOIA request for records related to his employment and disciplinary actions, but the DOJ failed to respond adequately. After nearly a year without the requested records, he filed a lawsuit alleging violations of FOIA and the Privacy Act.

Plaintiff is a “former Trial Attorney in the Counterintelligence and Export Control Section” (“CES”) of the NSD at DOJ, Compl. ¶ 5, a position he held “from January 2015 to June 2020 – a little over five years.”

Issue

Did the DOJ violate the Freedom of Information Act and the Privacy Act by failing to respond to Charles's records request, and did Charles adequately exhaust his administrative remedies?

DOJ has now moved for dismissal of part of Count One and Count Two entirely, on the grounds that the Request failed, in part, to “reasonably describe” the records sought under FOIA in Count One, and because plaintiff had “failed to exhaust administrative remedies with respect to his Privacy Act claim” in Count Two.

Rule

Under FOIA, agencies must respond to requests for information within a specified time frame, and under the Privacy Act, individuals must exhaust administrative remedies before seeking judicial review.

The Federal Rules of Civil Procedure require that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” in order to “give the defendant fair notice of what the … claim is and the grounds upon which it rests.”

Analysis

The court found that the DOJ's arguments for dismissal were unpersuasive, noting that the agency had a duty to confer with Charles regarding any perceived vagueness in his request. The court also determined that Charles had adequately exhausted his administrative remedies under the Privacy Act, as he had submitted a request and followed up appropriately.

Even were subparts 4 and 5 of the Request vague to the point of being legally infirm, the record indicates no attempts by DOJ to clarify or refine the scope of the Request, as mandated by DOJ regulations and FOIA itself.

Conclusion

The court denied the DOJ's motion to dismiss both Count One and Count Two of Charles's complaint, allowing the case to proceed. Additionally, the court denied Charles's motion for sanctions against the DOJ.

Both motions are now ripe for resolution.

Who won?

Nathan M. F. Charles prevailed in the case as the court denied the DOJ's motion to dismiss his claims, allowing his lawsuit to continue.

Plaintiff has the far better argument.

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