· 9/17/1993
David Miscavige v. Internal Revenue Service
Citations
- 2 F.3d 366
- 72 A.F.T.R.2d (RIA) 6298
- 1993 U.S. App. LEXIS 23848
- 1993 WL 330606
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “in certain cases, affidavits can be sufficient for summary judgment purposes . . . if they provide as accurate a basis for decision” as other methods
- noting that attempts to obtain Vaughn indices are inappropriate until after the government provides the court with the necessary information to determine if exemptions apply through a dispositive motion
- explaining “that in certain cases, affidavits can be sufficient for summary judgment purposes in a FOIA case if they provide as accurate a basis for decision as would sanitized indexing, random or representative sampling, in camera review, or oral testimony”
- “Generally, FOIA cases should be handled on motions for summary judgment . . . .”
- “the preparation of a Vaughn index is unwarranted before the filing of dispositive motions”
- “The plaintiffs early attempt in litigation of this kind to obtain a Vaughn Index ... is inappropriate until the government has first had the chance to provide the court with the information necessary to make a decision on the applicable exemptions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Carnes, Roney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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