Summary
This D.C. Circuit opinion addresses whether the Central Intelligence Agency adequately searched its operational files in response to a Freedom of Information Act request concerning Vietnam War prisoners of war and missing in action personnel. The court found the agency's search terms inadequate due to notable omissions like "Laos" and "live sighting," and an unexplained mismatch with the scope of the requested records. Consequently, the court reversed the district court's grant of summary judgment and remanded the case for further proceedings consistent with its findings on search adequacy.
Topics
Practice areas
Questions Presented
- Whether the CIA’s search terms were reasonably calculated to uncover all responsive records under the FOIA and CIA Information Act
- Whether the district court erred in granting summary judgment to the CIA
Holdings
- The CIA’s truncated search terms were not reasonably calculated to capture relevant records; the district court’s grant of summary judgment was improper.
- The district court’s grant of summary judgment is reversed and the case is remanded for further proceedings.
Key quotations
“Because the CIA’s truncated search terms could not reasonably have been expected to capture relevant records, we reverse and remand this case to the district court for further proceedings consistent with this opinion.” (at end)
“The adequacy of the CIA’s search “turns on ‘a standard of reasonableness and depends * * * upon the facts of each case.’”” (at *1)
Factual background
The plaintiff, Accuracy in Media, sought CIA operational files concerning Vietnam‑War prisoners of war and missing in action. The CIA performed a search using terms such as “POWs,” “Vietnam,” and “image” but omitted key terms like “Laos” and “live sighting.” The agency found no responsive records and the district court granted its summary‑judgment motion. The appellant challenged the adequacy of the search.
Procedural history
Accuracy in Media filed FOIA requests for Vietnam‑War POW/MIA records. The CIA conducted a limited search using narrow terms, the district court found the search reasonable and granted summary judgment to the CIA. Accuracy in Media appealed the judgment to the D.C. Circuit.
Remand instructions
Remand to the United States District Court for the District of Columbia for further proceedings consistent with this opinion.