Frost v. Civil Division, U.S. Department of Justice

Background

Vinton P. Frost, who was representing himself, brought an action under the Freedom of Information Act, a federal law that provides public access to certain records held by federal executive agencies. Frost alleged that he delivered a records request to the Civil Division of the U.S. Department of Justice on February 14, 2022. He sought documents “pertaining to [him] in the custody of the Torts Branch.” Frost alleged that he received no response within 20 business days and asked the court to order the agency to respond.

The court had previously granted Frost permission to proceed without prepaying filing fees. In reviewing a complaint filed under that permission, the court must dismiss claims that are frivolous, malicious, fail to state a claim for relief, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also explained that it must read a self-represented person’s allegations liberally, while still requiring enough facts to make a legally plausible claim.

Court’s analysis

To obtain judicial enforcement under the Freedom of Information Act, a requester must show that an agency improperly withheld agency records. The court stated that a requester must generally complete the agency’s administrative appeal process before seeking judicial review. The agency ordinarily must decide within 20 business days whether it will comply with a request and notify the requester of its decision. If the request is denied, the requester may appeal to the head of the agency within 90 days. If a timely appeal receives no response within the applicable time limits, the requester may be treated as having completed the administrative process.

Frost’s complaint alleged only that he submitted a request and received no response. It did not provide facts indicating that he filed an appeal to the head of the agency. The court therefore could not determine from the complaint whether Frost had completed the required administrative process.

Disposition

The court granted Frost leave to file an amended complaint within 60 days of the order. The amended complaint had to comply with the standards described in the order, be submitted to the court’s Pro Se Intake Unit, be labeled “Amended Complaint,” and include docket number 22-CV-2201 (LTS). No summons would issue at that time. The court stated that if Frost failed to comply within the allowed period, and could not show good cause for the failure, the complaint would be dismissed for failure to state a claim.

Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied Frost permission to proceed without prepaying fees for an appeal. The order did not decide whether the Department of Justice was required to disclose the requested records.