Alan R. Marks v. United States of America (Department of Justice)

Alan R. Marks appeals the district court’s grant of summary judgment in favor of the U.S. Department of Justice in his suit challenging the sufficiency of the FBI’s response to a Freedom of Information Act request. The sole issue is whether Marks rebutted the evidentiary showing made by the Department of Justice in favor of summary judgment. Marks’ response did not establish the existence of a genuine issue of material fact. We affirm.

I. FACTS

On February 5, 1976, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 , Alan R. Marks requested from the Washington, D.C. office of the FBI all files and documents maintained under his name. On December 20, 1976, the FBI sent Marks four pages of documents produced by a search of FBI records, including the “Central Records System” and the Electronic Surveillance (ELSUR) Indices. Certain deletions were made from these documents in accordance with the exemption provisions of 5 U.S.C. § 552 . The only other documents pertaining to Marks were records of the instant litigation.

Upon receipt of these records Marks inquired whether any entire document had been deleted under an exemption, and further requested a search of the…