Jean S. Schanen, Power of Attorney for Lascelle Tillet v. United States Department of Justice

Tillet brought an action through his attorney, Schanen, to compel disclosure of government documents under the Freedom of Information Act (“FOIA”). The district court granted Tillet’s unopposed motion for summary judgment. The government moved for relief from judgment, asserting that the outcome was due to the inadvertence and negligence of the Assistant United States Attorney (“AUSA”). The district court denied the motion. The government appeals. We affirm.

FACTS

Appellee Lascelle Tillet, a citizen and resident of Belize, was indicted on a federal narcotics charge in 1974, and a warrant was issued for his arrest. The government took no action to inform Tillet of the indictment or return him to thé United States. Tillet apparently remained ignorant of the charges and warrant until 1981. He then submitted an FOIA request for documents pertaining to the investigation. Appellant, the United States Department of Justice, did not process the request because it considered Tillet a fugitive from justice.

Tillet then sued in the District of Alaska for a court order to compel production of the requested documents under the FOIA. Appellant raised two defenses in its answer: that a…