Moffat v. United States Dep't of Justice, No. 11-2472 (1st Cir. 2013)
Annotate this CaseAppellant was convicted of first degree murder. Appellant subsequently commenced this action under the Freedom of Information Act (FOIA) seeking information from the FBI he believed would exonerate him. The government asserted various exemptions to disclosure of the documents' full contents and produced certain heavily redacted documents. After producing these documents, the government moved for summary judgment. The district court granted the government's motion, concluding that the FBI's search was adequate and that it properly claimed the exemptions asserted. The court also awarded Appellant attorneys' fees after significantly reducing the number of compensable hours and the requested hourly rate of Appellant's counsel. The First Circuit Court of Appeals affirmed, holding (1) the district court did not err in granting summary judgment to the government, as Appellant failed to raise a triable issue as to the government's treatment of his FOIA request; and (2) the district court did not abuse its discretion in calculating the fee award in this case.
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