No. 20-570

Daniel Cvijanovich v. United States Secret Service

Lower Court: Eighth Circuit
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights criminal-prosecution foia-exemptions freedom-of-information-act judicial-review law-enforcement-exemption law-enforcement-monitoring secret-service-records standard-of-review
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. Does FOIA exemption (b)(7)(A) apply to the Secret Service's monitoring of an individual, absent the existence of any actual enforcement proceeding involving that individual?

2. Does FOIA exemption (b)(5) apply to memoranda and letters created in a prosecutorial context, or only to those created in a civil litigation context?

3. Does FOIA exemption (b)(7)(E) apply to interviews and psychiatric evaluations when an agency's operational framework for that kind of interview/evaluation is already described in public documents?

4. Is it an abuse of discretion for a district court to decline in camera review in a FOIA case where the plaintiff has provided evidence that at least one redacted record doesn't satisfy the exemption cited by the agency?

5. Is it an abuse of discretion for an appeals court to write a too perfunctory opinion when the standard of review is de novo?

Question Presented (AI Summary)

Does FOIA-exemption-(b)(7)(A)-apply-to-monitoring-of-individual

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States Secret Service to respond filed.
2020-10-19
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

Daniel Cvijanovich
Daniel Edward Cvijanovich — Petitioner
United States Secret Service
Jeffrey B. WallActing Solicitor General, Respondent