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IRONS v. F.B.I.

No. 86-1446.

811 F.2d 681 (1987)

Peter IRONS and Melvin Lewis, Plaintiffs, Appellees, v. FEDERAL BUREAU OF INVESTIGATION and Department of Justice, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 5, 1987.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Dept. of Justice, with whom Leonard Schaitman, Dept. of Justice, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief, for defendants, appellants.

Edward Greer, Cambridge, Mass., with whom Stephanie Levin, Boston, Mass., was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, and TORRUELLA and SELYA, Circuit Judges.

SELYA, Circuit Judge.

This case presents a question of novel impression in this circuit: does the willingness of a confidential informant to give trial testimony, if necessary, constitute a blanket waiver of the source's confidentiality so that investigatory records of the Federal Bureau of Investigation (FBI) which might tend to reveal his identity become subject to disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552? The district court, favoring...

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