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AMERICAN CIVIL LIBERTIES UNION v. DEPT. OF DEFENSE

Docket No. 06-3140-cv.

543 F.3d 59 (2008)

AMERICAN CIVIL LIBERTIES UNION, Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace, Plaintiffs-Appellees, v. DEPARTMENT OF DEFENSE, and its Components Department of Army, Department of Navy, Department of Air Force, Defense Intelligence Agency, Department of Homeland Security, Department of Justice, and its Components Civil Rights Division, Criminal Division, Office of Information and Privacy, Office of Intelligence Policy and Review, Federal Bureau of Investigation, Department of State, and Central Intelligence Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2008.

Attorney(s) appearing for the Case

Amrit Singh, American Civil Liberties Union Foundation (Jameel Jaffer, Judy Rabinovitz, Lucas Guttentag, American Civil Liberties Union Foundation; Lawrence S. Lustberg, Megan Lewis, Gibbons, Del Deo, Dolan Griffinger & Vecchione, P.C.; William Goodman, Michael Ratner, Center for Constitutional Rights; Beth Haroules, Arthur Eisenberg, New York Civil Liberties Union Foundation), New York, NY, for Plaintiffs-Appellees.

Michael J. Garcia, United States Attorney for the Southern District of New York (Sean H. Lane, Heather K. McShain, Peter M. Skinner, Jeffrey S. Oestericher, Assistant United States Attorneys, of Counsel), New York, NY, for Defendants-Appellants.

Before: McLAUGHLIN, HALL, Circuit Judges, and GLEESON, District Judge.

JOHN GLEESON, United States District Judge:

The United States Department of Defense and Department of the Army (referred to here as "the defendants") appeal from orders of the United States District Court for the Southern District of New York (Alvin K. Hellerstein, District Judge) directing them to release 21 photographs pursuant to the Freedom of Information Act ("FOIA" or "the Act"), 5 U.S.C. § 552 (2006). The photographs depict abusive treatment of...

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