First Amendment Coalition v. United States Department of Justice

Summary

The Ninth Circuit reversed the district court’s denial of the First Amendment Coalition’s request for attorney’s fees under the Freedom of Information Act. The panel held, for differing reasons, that the Coalition was eligible for fees following the Department of Justice’s disclosure of responsive legal memoranda and remanded for determination of the amount of fees owed.

Holdings

1. FAC was eligible for attorney's fees because it obtained the requested information through the government's voluntary disclosure of the CIA memorandum on a claim the government conceded was not insubstantial.
2. The district court abused its discretion by failing to consider and apply the relevant factors for determining whether a plaintiff substantially prevailed, including when the documents were released, what triggered their release, and whether the plaintiff was entitled to the documents earlier.
3. The lead opinion concluded that a FOIA plaintiff seeking fees under the catalyst theory must show a substantial causal connection between the litigation and the agency's voluntary disclosure. Judge Murguia joined that portion, but Judge Berzon rejected it; therefore, the causation proposition did not command a majority of the panel.

Questions Presented

1. Whether FAC was eligible for attorney's fees under FOIA after the government voluntarily disclosed responsive records and the case became moot.
2. Whether FOIA's 2007 attorney-fee amendment requires a causal nexus between the litigation and a voluntary agency disclosure under the catalyst theory.
3. Whether the district court applied the correct legal standard in evaluating FAC's eligibility for fees.
4. Whether the case should be remanded for determination of the amount of fees.

Disposition

reversed_and_remanded