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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.