First Amendment Coalition v. USDOJ

The Ninth Circuit reversed the district court's denial of the Coalition's request for attorney's fees under the Freedom of Information Act (FOIA). The Coalition sought information regarding Anwar al-Awlaki, an American citizen who had been targeted by the CIA as a terrorist and was killed in a drone attack. The panel held that the district court abused its discretion when it failed to consider and apply the relevant factors that the panel articulated in Church of Scientology v. United States Postal Serv., 700 F.2d 486 (9th Cir. 1983), for determining whether the Coalition had substantially prevailed. The panel explained that the district court's view of causation was at odds with Church of Scientology's more enlightened view that, as here, multiple factors may be at play. Furthermore, the district court judgment was inconsistent with Congress' intent that the award of FOIA counsel fees has at its fundamental purpose the facilitation of citizen access to the courts, and should not be subject to a grudging application. The panel remanded for the district court to determine the fees to which the Coalition was entitled. View "First Amendment Coalition v. USDOJ" on Justia Law