United States of America v. City of Seattle et al

Filing 22

ORDER granting govt's 16 Motion for Summary Judgment by Judge Richard A Jones.(RS)

Case 2:16-cv-00889-RAJ Document 22 Filed 01/17/17 Page 1 of 3

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Hon. Richard A. Jones

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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10 UNITED STATES OF AMERICA,
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CASE NO. 16-CV-889 (RAJ)

Plaintiff,
v.

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THE CITY OF SEATTLE AND ITS

15 DEPARTMENT, SEATTLE CITY LIGHT,
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ORDER GRANTING PLAINTIFF
UNITED STATES’ MOTION FOR
SUMMARY JUDGMENT
[PROPOSED]

Defendants.

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This matter came before the Court on the motion of plaintiff United States of America
for summary judgment against defendants the City of Seattle and its Department, Seattle City
Light (hereafter collectively, the City), to enjoin the City from disclosing, in response to a
request the City has received under the Washington State Public Records Act (PRA),
RCW §§ 42.56, et seq., information the Federal Bureau of Investigation shared with the City
concerning covert surveillance cameras mounted on City Light electric power transmission
poles (pole cameras) including but not limited to the location of the poles on which each
camera is mounted and the dates of installation and removal. The City proposes to disclose
information in its possession concerning these FBI pole cameras, which was shared with City
Light by the FBI, in response to a PRA request despite the representations of a City Light

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ORDER GRANTING PLAINTIFF UNITED STATES’ MOTION FOR
SUMMARY JUDGMENT [PROPOSED] - 1
(CASE NO. C16-889RAJ)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

Case 2:16-cv-00889-RAJ Document 22 Filed 01/17/17 Page 2 of 3

1 manager that the information in question would be kept confidential. The United States
2 contends, and the Court is persuaded, that the requested information is (1) protected by the
3 federal law enforcement privilege; (2) federal property, subject to the FBI’s right to control
4 and prohibit the disclosure of the information by the City, absent the express authorization of
5 the FBI; and (3) expressly protected from disclosure by the PRA. The Court is further
6 persuaded that the disclosure of the requested information by the City will cause irreparable
7 harm to important federal interests, namely, the ability to carry out effective investigations of
8 criminal violations and national security threats.
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THEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED, that:

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1. The United States’ motion for summary judgment is granted (Dkt. # 16);

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2. The City of Seattle, including any officers, agents and employees thereof, are

12 hereby permanently enjoined from disclosing, in response to any request under the
13 Washington PRA, or otherwise, the following information that it has received from the FBI,
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a. Any and all information received from the FBI concerning the location, number,

16 installation or removal of any covert surveillance camera mounted by the FBI on any City
17 Light electric transmission pole.
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b. Any and all information received from the FBI concerning the name or any other

19 identifying information of any FBI agent or employee involved in the installation or
20 deployment of any covert surveillance camera mounted by the FBI on any City Light electric
21 transmission pole.
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ORDER GRANTING PLAINTIFF UNITED STATES’ MOTION FOR
SUMMARY JUDGMENT [PROPOSED] - 2
(CASE NO. C16-889RAJ)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

Case 2:16-cv-00889-RAJ Document 22 Filed 01/17/17 Page 3 of 3

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3. Each party shall bear their own costs of suit incurred herein.

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DATED this 17th day of January, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER GRANTING PLAINTIFF UNITED STATES’ MOTION FOR
SUMMARY JUDGMENT [PROPOSED] - 3
(CASE NO. C16-889RAJ)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]