Equity estoppel, otherwise “thing preclusion,” and can get foreclose then idea out of a good FOIA suit

Equity estoppel, otherwise “thing preclusion,” and can get foreclose then idea out of a good FOIA suit

Payne Organizations v. You, (207) however, the Court of Appeals for the District of Columbia Circuit held that when records are routinely withheld at the initial processing level, but consistently released after an administrative appeal, and when this situation results in continuing injury to the requester, a lawsuit challenging that practice is ripe for adjudication and is not subject to dismissal on the basis of mootness. (208) The defendant agency’s “voluntary cessation” of that practice in Payne did not moot the case when the plaintiff challenged the agency’s plan as an unlawful, continuing wrong. (209) Although Payne has been used as the springboard for suits by plaintiffs contending that individual agencies have engaged in a “pattern and practice” of ignoring their obligations under the FOIA, in most of these cases plaintiffs have not found a sympathetic reception to their complaints. (210)

List,” designed from the Court from Is attractive to the District away from Columbia Circuit more two decades ago when you look at the a case titled

Dismissal out of good FOIA suit can also be appropriate in the event the plaintiff doesn’t prosecute the newest match, (211) or information try in public offered significantly less than an alternative statutory plan up on commission away from charges, (212) or if this new claims exhibited aren’t mature. (213) Dismissal isn’t fundamentally suitable when a beneficial plaintiff becomes deceased, however; under specific situations, an excellent FOIA allege is generally proceeded of the an adequately substituted group. (214)

One more reason to possess dismissing a good FOIA suit involves the philosophy of res judicata, that also is referred to as “claim preclusion.” (215) Res judicata precludes relitigation out of an action when it is introduced from the a beneficial plaintiff from the exact same service for the very same records, the latest withholding at which in earlier times might have been adjudicated. (216) Res judicata will not prevent thought off an excellent FOIA suit, though, in the event that plaintiff in the earlier, non-FOIA case within same details cannot boost a good FOIA claim. (217) introduction, res judicata isn’t applicable in which there have been a positive change on the informative factors or courtroom prices applicable to the lawsuit. (218)

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