Price v. U.S. Dep't of Justice

JAMES PRICE, Pro se Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Defendants.

Case No. 18-cv-1339 (CRC)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

July 14, 2020

MEMORANDUM OPINION

James Price is currently serving a 156-month sentence of imprisonment for federal child pornography offenses. In 2017 and 2018, he submitted a series of Freedom of Information Act ("FOIA") requests to the Department of Justice ("DOJ") seeking information related to the Department's investigation and prosecution of particular child pornography cases as well as general information about the Department's procedures and employees. Unsatisfied with the agency's responses, Price filed suit against DOJ. Before the Court are the parties' cross-motions for summary judgment on Price's FOIA claims. Finding that the record is deficient with respect to certain searches and withholdings, the Court will grant the Government's motion for summary judgment in part, deny it in part, and remand the case to the agency for further action consistent with this opinion.

I. Background

A. Factual Background

In June 2012, Price was convicted by a jury in the United States District Court for the Southern District of Florida of various child pornography offenses. Minute Entry, United States v. Price, No. 12-cr-600016-KMW (S.D. Fla. June 29, 2012), ECF No. 92. He was sentenced to 156 months imprisonment, followed by 25 years of supervised release. Judgment, United States v. Price, No. 12-cr-600016-KMW (S.D. Fla. Apr. 11, 2013), ECF No. 122. Price appealed his convictions, and the Eleventh Circuit affirmed. United States v. Price, 582 F. App'x 846, 853 (11th Cir. 2014).

Suspecting that something was amiss in the Government's investigation and prosecution of him and similar offenders, Price lodged nine FOIA requests in 2017 and 2018 seeking information from several components within DOJ relating to child pornography investigations and prosecutions. One of Price's requests was forwarded to the Criminal Division's FOIA Unit, and the rest were handled by the Office of Justice Programs ("OJP"). The Court outlines Price's requests and DOJ's responses below.

1. Requests Forwarded OJP

a. OJP Request No. 17-00209

In May 2017, Price submitted a FOIA request to DOJ for "any and all reports, documentation, and data" kept by the Internet Crimes Against Children Task Force ("ICAC-TF") that were related to "case number 11-17890" as well as all case tracking reports and monthly performance reports maintained by the ICAC-TF for certain time periods between 2010 and 2012. Decl. of Monica Potter-Johnson ("Potter-Johnson Decl."), Gov. Mot. for Summ. J., Exh. 3, Attach. A at 1-2. The request was forwarded to OJP, which acknowledged receipt and sent a search letter to its Office of Juvenile Justice and Delinquency Prevention ("OJJDP"). Id. ¶¶ 4, 15, Attach. B at 1-2, Attach. C at 1. OJJDP subsequently searched its grant management system, monthly performance reports, and case tracking reports. Id. ¶ 24. The search did not reveal any documents responsive to Price's case-specific request but did turn up six documents that pertained to his more general request for the ICAC-TF's case tracking and performance reports. Id., Attach. D at 1. The responsive documents, totaling 26 pages, were released to Price with some redactions under FOIA Exemption 6. Id., Attach. D at 1-2.

b. OJP Request No. 18-00059

In October 2017, Price submitted a more expansive FOIA request to DOJ for various manuals, organizational charts, and case indexes. Id., Attach. A at 3-4. The portion of the request which sought the operating manual of the ICAC-TF was handled by OJJDP, and, as will be explained, the rest was handled by the Criminal Division. Id., Attach. C at 2. OJJDP conducted a search and determined that it did not have any "Operations Manual" for the ICAC-TF. Id. ¶ 25, Attach. D at 3.

c. OJP Request No. 18-00136

In January 2018, Price filed another FOIA request with DOJ, in which he sought charts, detailed reports, and summary reports concerning all expenditures, grants, reimbursements, and disbursements of OJP and any entity receiving funds under the Protect Act, 42 U.S.C. § 17601 et seq. for fiscal years 2008-2017. Id., Attach. A at 5-8. Price's request was forwarded to OJJDP and OJP's Office of the Chief Financial Advisor. Id. ¶ 26, Attach. C at 3. After processing the responsive documents sent by OJJDP and the Office of the Chief Financial Advisor, OJP released two responsive documents in full, totaling 25 pages. Id., Attach. D at 5.

d. OJP Request No. 18-00150

Price's January 2018 FOIA request also demanded "the names, titles, organizations, and terms of service for the current and past members of the National Internet Crimes Against Children Data Systems Steering Committee" and all of the committee's appropriations and expenditures for fiscal years 2008 to 2017. Id., Attach. A at 9. OJP sent a search letter to OJJDP. Id. ¶ 18, Attach. C at 4. OJJDP conducted a search but turned up no responsive documents. Id. ¶ 27, Attach. D at 7-8.

e. OJP Request Nos. 18-00156 & 18-00157

In February 2018, Price emailed OJP with another FOIA request, this time for a summary report by year of the total number of "Secure Harsh Algorithm version 1 ('SHA-1') values" identified or reported by the South Florida ICAC-TF from 2008 to 2017 (deemed Request No. 18-00156). Id., Attach. A at 11. He also included a request for all case tracking reports created by the task force for Case No. LC-10-12-141 (deemed Request No. 18-00157). Id., Attach. A at 12. OJP sent search letters concerning both requests to OJJDP. Id. ¶¶ 19-20, Attach. C at 5-6. OJJDP conducted a search and turned up no responsive documents for the first request and 100 pages of responsive documents for the second. Id. ¶¶ 28-29. OJP released the responsive documents to Price with some withholdings under FOIA Exemption 6. Id., Attach. D at 11-12.

f. OJP Request No. 18-00260

In May 2018, Price submitted yet another FOIA request to OJP for records concerning a federal criminal investigation of another child pornography offender, Sheldon Joel Ramnaraine, including all reports, records, memoranda, and communications made during that investigation as well as various computer code values and digital signatures of files discovered during that investigation. Id., Attach. A at 13-20. OJP forwarded the request to OJJDP. Id., Attach. C at 7. OJJDP searched the ICAC-TF portal and grants management system and found responsive documents but withheld them in full under FOIA Exemptions 7(E) and 7(F). Id., Attach. D at 13-14.

g. OJP Request No. 18-00288

In May 2018, Price filed another FOIA request seeking copies of a "Memorandum of Understanding" allegedly executed between OJJPDP and eight Florida-based law enforcement agencies and U.S. Attorney's Offices as well as the "Operational and Investigative Standards" of the National ICAC-TF Program. Id., Attach. A at 22-23. OJP sent a search letter to OJJDP. Id., Attach. C at 8-9. OJJDP's search turned up a single responsive document consisting of 17 pages, which was released to Price with redactions made pursuant to FOIA Exemption 7(E). Id., Attach. D at 15-16.

h. OJP Request No. 18-00294

Finally, Price's May 2018 FOIA request also sought additional records concerning Ramnaraine as well as inactive criminal investigations associated with specific case numbers, including interview and investigative notes, reports, affidavits, memoranda, communication produced during the investigations as well as various computer code and digital signatures of files uncovered through the investigations. Id., Attach. A at 26-34. OJP again forwarded the request to OJJDP. Id. ¶ 12. OJJDP searched the grants management system and the ICAC-TF portal and uncovered responsive documents. Id. ¶ 32; Def. Stmt. Mat. Facts ¶ 44. The documents were withheld in full pursuant to Exemptions 7(E) and 7(F). Potter-Johnson Decl., Attach. D at 17-18.

2. Requests Forwarded to the Criminal Division

As mentioned, portions of Price's October 2017 FOIA request were handled by the Criminal Division (denominated CRM Request No. 300634425). Those portions included Price's demand for the organizational chart for the division's Child Exploitation and Obscenity Section ("CEOS"), the operating manual for the High Technology Investigations Unit ("HTIU"), and an index of all cases and evidence processed by and referred to the HTIU in 2011 and 2012. Decl. of Amanda Marchand Jones ("Jones Decl.") ¶ 7, Gov. Errata, Exh. A, ECF No. 89-1. The Criminal Division's FOIA Unit forwarded Price's request for the CEOS organizational chart to the Office of Administration of that section and the HTIU-related requests to that unit. Id. ¶¶ 19-20, 23.

Five responsive documents were ultimately located: (1) CEOS Organizational Information (CRM Document No. 1); (2) CEOS Phone List (CRM Document No. 2); (3) CEOS Organizational Chart (CRM Document No. 3); (4) Index of HTIU cases from 2011-12 (CRM Document No. 4); and (5) HTIU Operations Manual, including appendices (CRM Document No. 5). Id. ¶¶ 22, 25, 28-33; Decl. of Christina Butler ("Butler Decl.") ¶ 10, Gov. Reply, Exh. 1. CRM Document No. 1, consisting of six pages, was released in full. Jones Decl. ¶ 29, Exh. F at 1. Documents Nos. 2, 3, and 5 were released in part (thirteen full pages and ten partially redacted) with withholdings under FOIA Exemptions 2, 6, 7(C), 7(E), and 7(F). Id. ¶¶ 28, 30-31, 33, Exh. F at 1. Document No. 4 was withheld in full under Exemptions 6, 7(C), and 7(F). Id. ¶ 32, Exh. F at 1.

B. Procedural Background

Dissatisfied with the agency's responses to his FOIA requests, Price sued DOJ in November 2017 in the United States District Court for the Southern District of Florida. In May 2018, that district granted Price's request to transfer the case to this Court. In October 2018, Price moved to amend his complaint to include claims under the Administrative Procedure Act ("APA") and the Federal Records Act ("F...