Edward Spannaus v. U.S. Department of Justice

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the time period for “constructive exhaustion” set out in Section 552(a)(6)(A)(i) allows the requesting party to file suit to compel agency’s response to a FOIA request
• holding that the statute of limitations barred the plaintiff's claim because the court determined that he exhausted his administrative remedies more than seven years before he filed suit
• holding that the statute of limitations barred the plaintiff’s claim because the court determined that he exhausted his administrative remedies more than seven years before he filed suit
• noting that the statutory right to sue is suspended during the period in which administrative review is available or “entirely cut off (if the requester never appeals the denial)”
• observing that requester \can simply refile his FOIA request tomorrow and restart the process” since \nothing prevents him from requesting the same withheld docu ments decade after decade without ever bringing a timely suit to compel disclosure”
• holding that 28 U.S.C. § 2401(a) was jurisdictional

Source: CourtListener parenthetical corpus (CC0).