Baizer
Baizer v. United States Department of the Air Force
Opinion
Opinion
Smith, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Issue
These motions require the Court to decide whether an agency must provide a copy of a computer database containing the decisions of the United States Supreme Court to a requester under the Freedom of Information Act (“FOIA”). 5 U.S.C. § 552 . Because such a database is library reference material and is therefore not an “agency record” within the meaning of 5 U.S.C. § 552 (c), the agency is not required to provide a copy.
Background
On July 19, 1993, plaintiff Robert D. Baizer (“Baizer”), an attorney residing in Oakland, wrote a letter to the Department of Justice in which he requested an electronic copy of its computerized legal information database known as “JURIS.” The Department of Justice referred plaintiffs request to the Department of the Air Force (“Air Force”). On February 9, 1994, plaintiff wrote to the Air Force Legal Information Service to request the decisions of the United States Supreme Court in electronic media form. This request specifically excluded any privately owned research information.