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DOHERTY v. UNITED STATES DEPT. OF JUSTICE

No. 85-2166.

775 F.2d 49 (1985)

Joseph Patrick Thomas DOHERTY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, William French Smith, Individually and as Attorney General; Roger B. Clegg, Individually and as Acting Assistant Attorney General, United States Department of Justice, Washington, D.C. 20530; James K. Hall, Individually and as Chief of the Freedom of Information Privacy Acts Section, Records Management Division, Federal Bureau of Investigation, United States Department of Justice, Washington, D.C. 20535; and Lee F. Laster, Individually and as Assistant Director In Charge, Federal Bureau of Investigation, United States Department of Justice, Federal Bureau of Investigation, 26 Federal Plaza, New York, N.Y. 10278, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 15, 1985.

Attorney(s) appearing for the Case

Mary Boresz Pike, New York City (Somerstein & Pike, New York City), for plaintiff-appellant.

Thomas E. Moseley, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., New York City, of counsel), for defendants-appellees.

Before OAKES and JON O. NEWMAN, Circuit Judges, and MILTON POLLACK, Senior District Judge.

MILTON POLLACK, Senior District Judge:

Joseph Patrick Thomas Doherty ("Doherty") appeals from a summary judgment of the Southern District of New York, Charles L. Brieant, Judge, dismissing Doherty's suit, filed pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1982) for disclosure of documents from the files of the FBI. The District Court upheld the Government's claims of statutory exemptions. Doherty challenges the applicability of the exemptions...

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