MacLean
MacLean v. United States Department of Defense
Opinion
Lead Opinion
MEMORANDUM **
Norbert Basil MacLean (“MacLean”) appeals the district court’s order granting Defendants the Department of Defense (“DOD”) and the Department of the Navy (“Navy”) (collectively (“Defendants”)) motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
After the Navy convened a general court-martial against him in 1992, Mac-Lean pleaded guilty to twelve specifications of writing bad checks. In 2003, Mac-Lean made formal complaints to the Navy against the prosecutor in his court martial, *753 Navy Lieutenant Richard L. Rosser (“Rosser”).
In 2004, pursuant to the Freedom of Information Act (“FOIA”) 5 U.S.C. § 552 , et seq., MacLean made two requests to the Navy and one request to the DOD for documents relating to Defendants’ investigation of Rosser’s conduct. The Navy denied MacLean’s requests, claiming that the responsive documents in its possession were exempt from disclosure. The DOD produced some responsive materials, but withheld and redacted information from other materials, which it claimed were exempt from disclosure. MacLean properly exhausted his administrative remedies and initiated this lawsuit in federal court. The parties…