Documents / Document

Kean v. NASA, 1:03-cv-02509

U.S. District Court for the District of Columbia (govinfo) · 21 pages · text from the file's own layer

This memorandum opinion by U.S. District Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia, dated March 27, 2007, rules in Leslie Kean's FOIA suit against NASA over records about the object said to have crashed in Kecksburg, Pennsylvania on December 9, 1965. The court found NASA had not shown its searches were adequate and noted likely overlooked Cosmos 96 records. It upheld NASA's withholding of two emails under Exemption 5 and ordered the parties to propose new search procedures.

  • p. 6 …Initially, plaintiff argued that defendant had provided no declarations describing the search efforts at NASA Headquarters…
  • p. 7 …As Margaret Roberts did, McConnell sent out instructions to the various departments at NASA Headquarters using…
  • p. 8 8 In addition to the distributed searches at the NASA Headquarters and Centers, nineteen boxes of…
  • p. 13 …searches distributed across many offices in NASA Headquarters and the NASA Centers. Roberts and McConnell initiated…
  • p. 14 …not find any records on file at Headquarters documenting the 11 items asked for in the…
12
requested records, using methods which can be reasonably expected
to produce the information requested.” Oglesby v. U.S. Dep’t of
the Army, 920 F.2d 57, 68 (D.C. Cir.1990).
The burden of proof is on the government to show that its
search was reasonably calculated to uncover all relevant
documents. Steinberg v. DOJ, 23 F.3d 548, 551 (D.C. Cir. 1994).
At the summary judgment stage, the court may rely on “[a]
reasonably detailed affidavit, setting forth the search terms and
the type of search performed, and averring that all files likely
to contain responsive materials (if such records exist) were
searched.” Oglesby, 920 F.2d at 68. A declaration is
inadequate, however, “it fails to describe in any detail what
records were searched, by whom, and through what process.” See
Steinberg, 23 F.3d at 551-52; see also Oglesby, 920 F.2d at 68
(holding that a detailed affidavit is necessary “to allow the
district court to determine if the search was adequate in order
to grant summary judgment”). Thus, if a review of the record
raises material doubt, “particularly in view of well defined
requests and positive indications of overlooked materials,
summary judgment is inappropriate.” Valencia-Lucena, 180 F.3d at
326 (internal quotation marks and citations omitted). Failure to
conduct an adequate search is “an improper withholding” of
records under FOIA. Maydak v. DOJ, 254 F. Supp. 2d. 23, 44
(D.D.C. 2003).
Case 1:03-cv-02509-EGS Document 45 Filed 03/27/07 Page 12 of 21

About this file

Document, cited by the archive. The PDF is mirrored here; the original link is above. 21 pages are in the text index: search them above, or from the library's search.