· 2/24/2010
Batton v. Evers
Citations
- 598 F.3d 169
- 105 A.F.T.R.2d (RIA) 1074
- 2010 U.S. App. LEXIS 3899
- 2010 WL 625988
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the agency's presumption of legitimacy “does not relieve the withholding agency of its burden of proving that the factual information sought falls within the statutory exemption asserted”
- explaining that while a claimant may assert that other documents exist that were not located in the agency’s search, a court “must decide only whether the search was adequate”
- “[A]gency affidavits are generally accorded a ‘presumption of legitimacy’ unless there is evidence that the agency handled the FOIA request in bad faith.” (citation omitted)
- an agency’s declaration establishing that a search was adequate is entitled to a presumption of legitimacy.
- “A FOIA plaintiff may not assert a claim against an individual federal official; the proper defendant is the agency.”
- “[W]hile we assume that the IRS is telling the truth in its affidavits, its conclusory ‘say so’ does not, alone, carry its burden of establishing an exemption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Garza, Haynes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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