Frost v. United States Department of Justice
- Joseph Spero
- 3:17-cv-01240
- U.S. District Court · Northern District of California
- 2
In Frost v. United States Department of Justice, Chief Magistrate Judge Spero certified Frost’s appeal was not taken in good faith because it was frivolous.
Vinton P. Frost, whose appeal was certified as not taken in good faith for purposes of proceeding without paying filing costs.
What happened
Vinton P. Frost appealed after the court found that the Federal Bureau of Investigation had reasonably searched for documents responding to his Freedom of Information Act request. Frost argued that a word in a produced document was a codeword showing that more responsive documents existed.
The court explained that an agency’s search is adequate when it is reasonably designed to find relevant documents and supported by good-faith, detailed affidavits. It found Frost’s codeword theory speculative and concluded that the appeal was frivolous.
Chief Magistrate Judge Joseph C. Spero certified that the appeal was not taken in good faith. Under the cited rules and statute, Frost could not proceed with the appeal without paying the required filing costs based on that certification.
The detailed version
- Frost v. United States Department of Justice · No. 3:17-cv-01240
- Joseph Spero
- Feb. 1, 2021
Background
Vinton P. Frost appealed in a Freedom of Information Act case involving the Federal Bureau of Investigation’s search for documents. The opinion states that the appeal appeared to rest on Frost’s assertion that the FBI had not conducted an adequate search. Frost specifically argued that a word on one page produced by the FBI was a “codeword” providing a significant lead to additional responsive documents.
Legal standard and analysis
Federal Rule of Appellate Procedure 24 and 28 U.S.C. § 1915(a)(3) allow a district court to certify that an appeal is not taken in good faith, which the Ninth Circuit treats as meaning that the appeal is frivolous. An appeal may proceed without payment of filing costs if at least one issue or claim is not frivolous.
The court relied on its earlier summary-judgment finding that the FBI conducted a search reasonably calculated to uncover all relevant documents. That finding was based on affidavits submitted in good faith. The court determined that Frost’s theory that a word in a produced document was a codeword suggesting additional documents was entirely speculative. It therefore found the appeal frivolous.
Disposition
Chief Magistrate Judge Joseph C. Spero certified that Frost’s appeal was not taken in good faith. The opinion does not state that the appeal itself was dismissed; it addresses whether Frost could proceed with the appeal without paying filing costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.