Yonemoto

Yonemoto v. Department of Veterans Affairs

Bad Law
686 F.3d 681
United States Court of Appeals for the Ninth CircuitAugust 17, 2011No. 10-15180California8,212 words

Opinion

Lead Opinion

Berzon, J.

ORDER

The court sua sponte recalls the mandate issued on October 12, 2011. The opinion filed on August 17, 2011, and reported at 648 F.3d 1049 , is hereby amended. The amended opinion is filed concurrently with this order. The court directs the Clerk to reissue the mandate forthwith.

IT IS SO ORDERED.

OPINION

The Freedom of Information Act, (“FOIA”), 5 U.S.C. § 552 , mandates that federal agencies make their records available to the public upon request, subject to nine discretionary exemptions. See Milner v. Dep’t of Navy, — U.S.-, 131 S.Ct. 1259 , 1262, 179 L.Ed.2d 268 (2011). This case presents two FOIA issues. The first is whether an agency fulfills its disclosure obligation by offering to supply the documents to the requester, but only in his capacity as an employee of that agency. The answer to that question is unquestionably “no.” The second involves application to internal emails of FOIA Exemption 6, which provides that an agency may withhold “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6).

FACTUAL AND PROCEDURAL HISTORY

Plaintiff-appellant Ronald M.…

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