Kriemelmeyer, Frederick v. Krebs, Kevin et al

Filing 22

ORDER in case 3:18-cv-00048-bbc; granting (11) Motion to Dismiss in case 3:18-cv-00148-bbc. Defendants Tillerson and Arde are DISMISSED asdefendants from this case. Signed by District Judge Barbara B. Crabb on 9/13/2018. Associated Cases: 3:18-cv-00148-bbc, 3:18-cv-00048-bbc (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FREDERICK GEORGE KRIEMELMEYER,
OPINION AND ORDER
Plaintiff,
18-cv-148-bbc
v.
ALLEN ARDE, REX W. TILLERSON AND
U.S. DEPT. OF STATE, CHICAGO PASSPORT AGENCY,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Frederick George Kriemelmeyer is proceeding on claims under the
Freedom of Information Act, 5 U.S.C. § 552(a)(4)(B), against the United States Department
of State.

He also named former Secretary of State Rex Tillerson and Special Agent Allen

Arde as defendants.

Defendants Arde and Tillerson have now moved to dismiss plaintiff’s

claims against them, arguing that the Freedom of Information Act does not create a cause of
action against individuals and the court does not have jurisdiction to enjoin individuals for
violations of the Act. Dkt. #11.
I will grant defendants’ motion. Individual federal officials are not proper defendants
in an action under the Freedom of Information Act because it is the agency’s responsibility to
produce records.

5 U.S.C. § 552(a)(4)(B); Ginarte v. Mueller, 534 F. Supp. 2d 135, 136

(D.D.C. 2008) (“It is well established by now that ‘[i]ndividual federal employees are not
subject to suit under FOIA.’”) (citations omitted) (collecting cases); Jefferson v. Reno, 123 F.
Supp. 2d 1, 3 (D.D.C. 2000) (dismissing individual defendants in FOIA action); Stone v.

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Defense Investigative Service, 816 F.Supp. 782, 785 (D.D.C. 1993) (same).

Plaintiff

cites no legal authority in support of his contrary arguments. Therefore, defendants Arde
and Tillerson will be dismissed from this case.

ORDER
IT IS ORDERED that the motion to dismiss filed by defendants Rex Tillerson and
Allen Arde, dkt. #11, is GRANTED.

Defendants Tillerson and Arde are DISMISSED as

defendants from this case.

Entered this 13th day of September, 2018.

BY THE COURT:
/s/__________________________________
BARBARA B. CRABB
District Judge

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