Muchnick

Muchnick v. Department of Homeland Security

Good Law
225 F. Supp. 3d 1069·2016 WL 7101507·2016 U.S. Dist. LEXIS 168630
United States District Court, Northern District of CaliforniaDecember 6, 2016No. CV 15-3060 CRBCalifornia3,436 words

Opinion

Lead Opinion

Breyer, J.

ORDER ON MOTION FOR SUMMARY JUDGMENT

George Gibney used to coach the Irish Olympic swim team. He immigrated to the United States in the early 1990s and has lived here ever since. He also allegedly sexually abused young female swimmers throughout the 1960s and 1970s—and perhaps since. Plaintiff Irvin Muchnick wants to know why American authorities let Gib-ney enter the country and remain here. He sued under the Freedom of Information Act to find out.

I. BACKGROUND

A. Statutory Framework

Congress enacted the Freedom of Information Act (“the FOIA”) to “pierce the veil of administrative secrecy and to open agency action to the light of public scrutiny.” U.S. Dep’t of State v. Ray, 502 U.S. 164, 173 , 112 S.Ct. 541 , 116 L.Ed.2d 526 (1991). The FOIA sets a “strong presumption in favor of disclosure” and puts the burden on the government to justify withholding requested documents. Id To avoid disclosure, a document must fall within one of the FOIA’s “narrow” exemptions. Id. Three concern the Court here.

First, Exemption 6 shields “personnel and medical files and similar files” if disclosing them would result in “a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552…

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