Detroit Free Press Inc v. United States Department of Justice

Filing 25

JUDGMENT in favor of Plaintiff & Defendant Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DETROIT FREE PRESS, INC.,
Plaintiff,
Case No. 13-12939
v.
Hon. Patrick J. Duggan
UNITED STATES DEPARTMENT OF
JUSTICE,
Defendant.
____________________________________/
JUDGMENT
The present dispute involves Plaintiff Detroit Free Press’s (“Free Press”)
January 25, 2013 request for booking photographs (colloquially referred to as
“mug shots”) of four individuals then under indictment and awaiting trial on
federal drug and public corruption charges in the United States District Court for
the Eastern District of Michigan. The request was made pursuant to the Freedom
of Information Act (“FOIA”), 5 U.S.C. § 552. The United States Marshal Service
(“USMS”), a subordinate law enforcement bureau within Defendant Department of
Justice (“DOJ”), denied the request, citing the FOIA’s Exemption 7(C), 5 U.S.C. §
552(b)(7)(C), despite controlling Sixth Circuit precedent holding that the subjects
of the photographs do not have a privacy interest warranting nondisclosure. The
parties subsequently filed cross motions for summary judgment pursuant to Federal

Rule of Civil Procedure 56. In an Opinion and Order entered on this date, the
Court granted summary judgment in favor of Free Press on Counts I (violation of
the FOIA) and III (declaratory judgment) of its Amended Complaint but granted
summary judgment in favor of DOJ on Count II (contempt).
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that judgment is
entered in favor of Plaintiff Detroit Free Press and against Defendant Department
of Justice on Counts I and III of Free Press’s Amended Complaint;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
judgment is entered in favor of Defendant Department of Justice and against
Plaintiff Detroit Free Press on Count II of Free Press’s Amended Complaint.
Date: April 21, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Herschel P. Fink, Esq.
Galen Thorp, Esq.

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