Opinion

Eric Davin v. United States Department of Justice, Federal Bureau of Investigation

  • 60 F.3d 1043
Court
Court of Appeals for the Third Circuit
Filed
Oct 5, 1995
Status
Published
On the bench
Cowen, Lewis, Garth, Sloviter, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Nygaard, Alito, Roth, McKee, Sarokin
Cited by
123 cases

explaining that under the FOIA, before considering whether requested records were correctly determined to be exempt from disclosure, a reviewing court must first examine “ ‘whether the [withholding entity’s] explanation was full and specific enough to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding.’ ” (quoting McDonnell v. U.S., 4 F.3d 1227, 1242 (3d Cir. 1993))

How later courts described this case

  • explaining that under the FOIA, before considering whether requested records were correctly determined to be exempt from disclosure, a reviewing court must first examine “ ‘whether the [withholding entity’s] explanation was full and specific enough to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding.’ ” (quoting McDonnell v. U.S., 4 F.3d 1227, 1242 (3d Cir. 1993))
  • explaining that “the agency’s explanation [must be] full and specific enough to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding” (quoting McDonnell v. United States, 4 F.3d 1227, 1242 (3d Cir. 1993))
  • concluding that the FBI “failed to meet its burden” because the evidence submitted did not “provide any detail concerning the supposed law enforcement activities that generated each of the documents”
  • describing application of 7(C) as “a de novo balancing test, weighing the privacy interest and the extent to which it is invaded on the one hand, against the public benefit that would result from disclosure, on the other’

Written by the judges who cited it.

The opinion

SUR PETITION FOR REHEARING

Oct. 5, 1995

The petition for rehearing filed by appel-lees having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

Judge GREENBERG would have granted rehearing in banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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