Dennis Doyle v. Federal Bureau of Investigation and William Webster, in His Capacity as Director

We must decide whether it was error for the district court to uphold the government’s withholding of documents requested under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 , on the basis of an in camera affidavit submitted in support of the claimed exemptions without a review of the requested documents. We affirm.

FACTS

Appellant Dennis Doyle filed requests for any documents pertaining to him that were in the possession of the FBI. The FBI withheld many of the requested documents, claiming exemptions from disclosure based on national security, 5 U.S.C. § 552 (b)(1), and protection of personal privacy and confidential sources, 5 U.S.C. § 552 (b)(7)(C) & (D).

The district court ordered the FBI to submit public affidavits justifying, itemizing, and indexing the withheld documents. The court found the submitted affidavits too vague and conclusory to justify the claimed exemptions.

Doyle then filed a motion to request in camera inspection of the documents. The FBI responded by submitting in camera affidavits and moving for summary judgment based on its public and private affidavits. Without viewing any of the documents in camera, the district court granted judgment for the…