Lyman D. Spurlock v. The Federal Bureau of Investigation

Good Law
69 F.3d 1010·95 Daily Journal DAR 14839·1995 WL 649567·1995 U.S. App. LEXIS 31361·95 Cal. Daily Op. Serv. 8588
United States Court of Appeals for the Ninth CircuitNovember 7, 199594-55506California4,512 words

Opinion

Opinion

Alarcon, J.

The Federal Bureau of Investigation (“FBI”) appeals from the portion of the district court’s order requiring that the FBI produce certain documents pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , in an action filed by Lyman D. Spurlock (“Spurlock”) seeking “all FBI records concerning himself.” The FBI contends that reversal is compelled because the district court erred in ordering the FBI to produce documents contained in its investigative files once it determined those documents were properly withheld from disclosure pursuant to FOIA exemptions. We affirm the portion of the order that holds that the documents at issue are exempt from disclosure pursuant to FOIA, and reverse the portion of the order requiring the FBI to disclose exempt information.

I

On October 15, 1991, Spurlock filed a complaint for injunctive relief alleging that he had filed a request under FOIA for “all FBI records concerning himself,” that the FBI failed to produce all documents in response to his request, and that he was entitled to an order directing production of these records. On March 24, 1992, the FBI filed a motion for summary judgment on the ground that the disputed documents…

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