No. 20-931

Wynship W. Hillier v. Central Intelligence Agency, et al.

Lower Court: District of Columbia
Docketed: 2021-01-11
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-procedure agency-declaration agency-records civil-rights classified-records judicial-review privacy-act summary-judgment terrorism
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (from Petition)

1. Shall summary judgment be awarded in favor of an agency in a suit under the Privacy
Act to compel notice of the fact of the existence of records pertaining to a requester in a
Privacy Act system of records on the basis of the agency's declaration stating that notice of
records was withheld according to the agency's lower standard for granting access to identified
records?

2. Shall summary judgment be awarded in favor of a non-FBI agency against whom a
reasonable claim of misapplication of 5 U.S.C. § 552(c) has been asserted with respect to a
Privacy Act request for notice of the existence of records pertaining to a requester in a system
of records containing classified records regarding terrorism, when the agency has not
submitted a sealed affidavit either justifying its application of 5 U.S.C. § 552(c) or asserting that
no records were withheld pursuant to 5 U.S.C. § 552(c)?

3. May the Privacy Act systems of records supplied by a requester in a request for
notice of the fact of the existence of records pertaining to him in those systems be only partially
searched or even ignored entirely by the agency when responding to his request?

Question Presented (AI Summary)

Shall summary judgment be awarded in favor of an agency in a Privacy Act suit to compel notice of records existence based on agency declaration

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-26
Petition for Rehearing filed.
2021-03-01
Petition DENIED.
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-02-02
Waiver of right of respondents CIA, et al. to respond filed.
2020-12-21
Petition for a writ of certiorari filed. (Response due February 10, 2021)

Attorneys

CIA, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Wynship W. Hillier
Wynship W. Hillier — Petitioner