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

> Court of Appeals for the Third Circuit · October 5, 1995 · 60 F.3d 1043

URL: https://www.frixlaw.com/law-library/cases/9488340

## Case

- **Full name:** Eric DAVIN, Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau of Investigation
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** October 5, 1995
- **Citations:** 60 F.3d 1043
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cowen, Lewis, Garth, Sloviter, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Nygaard, Alito, Roth, McKee, Sarokin
- **Cited by:** 123 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9488340

## How later opinions describe it (automated extraction)

- 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…
- 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…
- 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’
- finding a diminished likelihood that individuals were still alive who were involved in an investigation that took place over sixty years prior

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9488340. Public record. Not legal advice.