David T. Hardy v. Bureau of Alcohol, Tobacco and Firearms, an Agency of the United States Government

The Bureau of Alcohol, Tobacco and Firearms appeals the district court’s order requiring it to disclose, pursuant to the Freedom of Information Act, 5 U.S.C. §§ 552 et seq. certain portions of its manual entitled “Raids and Searches Training-Criminal Enforcement).” We reverse and remand.

This suit was brought under the Freedom of Information Act by an attorney, David T. Hardy, who sought disclosure of the manual, “Raids and Searches,” allegedly for research purposes. On Hardy’s initial request the Bureau had disclosed parts of the manual, but had withheld portions concerning techniques used in making law enforcement raids and in conducting searches. The Bureau submitted a detailed affidavit to the district court outlining the subject of each withheld portion; the affidavit explained how disclosure would enable violators to evade or hinder law enforcement personnel. The Bureau claimed that these portions were exempt under 5 U.S.C. § 552 (b)(2). The district court disagreed but used its equitable powers to protect certain of the withheld portions from disclosure on the theory that disclosure would “significantly impede the enforcement process.” The court ordered the Bureau to…