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Raher v. Federal Bureau of Prisons

United States District Court, Ninth Circuit

September 24, 2013

STEPHEN RAHER, Plaintiff,
v.
FEDERAL BUREAU OF PRISONS, Defendant.

ORDER

JANICE M. STEWART, Magistrate Judge.

Plaintiff, Stephen Raher ("Raher"), filed this action under the Freedom of Information Act ("FOIA"), 5 USC § 552, to obtain documents from defendant, the Federal Bureau of Prisons ("BOP"). In November 2008, Raher submitted a FOIA request to the BOP for five categories of records pertaining to the solicitation, evaluation, and award of contracts by the BOP to provide, maintain, and operate private detention facilities for foreign nationals serving criminal sentences imposed by the federal courts. Based on the BOP's allegedly inadequate response, Raher filed this case on May 13, 2009, which has resulted in a series of motions and rulings.

On July 18, 2013, this Court approved a Settlement Agreement submitted by the parties. Pursuant to that Settlement Agreement, the BOP submitted certain documents to the Court for an in camera review to determine whether the FOIA exemptions claimed by the BOP apply to the redacted information. After reviewing those documents in camera and considering the parties' brief written explanations of their positions, the Court rules as follows:

1. FOIA Exemption 5 based on the attorney-client privilege applies to the following documents (or segregable portions thereof):

The following portions of SuppBOP06918-20:

¶ II(1) NOTE and QUESTION (06918)
¶ II(3) NOTE and QUESTION (06918-19)
¶ II (12) subparagraphs preceded by dashes (06919)
¶ II(16) subparagraphs preceded by dashes (06920)
¶ II (20) NOTE (06920)
¶ II (22) subparagraphs preceded by dashes (06920)

2. The following documents are exempt as not responsive to Raher's FOIA requests:

3. No FOIA Exemption applies to the following documents (or segregable portions thereof) which must be produced to Raher:

Except as to FOIA Exemption 6 which the parties agree is applicable to part of SuppBOP07315-16, no other FOIA Exemptions apply with respect to these documents.


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