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Summary Judgment for BOP in FOIA Case Granted

On January 27, 2010, U.S. District Judge Rosemary M. Collyer granted summary judgment for the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit wherein the prisoner sought records related to a former BOP guard who was terminated for sexual misconduct.

Monroe Coleman sued the BOP under FOIA after the BOP refused to turn over documents about former BOP guard Kimberly Moore. Moore apparently wrote Coleman an incident report when she worked at USP Big Sandy. Coleman was seeking the records about Moore in order to attack his disciplinary conviction.

After bringing suit, the BOP disclosed 83 pages of documents to Coleman, but withheld another 55 asserting various exemptions. Judge Collyer upheld the withholding of these additional records, finding, for instance, that disclosure of the BOP’s investigative report concerning Moore’s sexual misconduct would violate Exemption 7©, because disclosure would constitute an unwarranted invasion of personal privacy.

See: Coleman v. Lappin, 535 F.Supp.2d 96 (D. Colo. 2010).

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Related legal case

Coleman v. Lappin