United States District Court, D. North Dakota
Riley S. Kuntz, Plaintiff,
U.S Department of Justice, Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND
DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Charles S. Miller, Jr., Magistrate Judge.
an action brought by plaintiff, Riley S. Kuntz
(“Kuntz”), seeking relief against the United
States Department of Justice (“DOJ”) for alleged
violations of the Freedom of Information Act
(“FOIA”). Before the court now is DOJ's
Motion to Dismiss and Kuntz's Motion for Summary
Judgment. Both DOJ and Kuntz have consented to the
undersigned's handling of the case.
claims in his complaint that, after reviewing a report
prepared by the Government Accountability Office
(“GAO”) entitled Face Recognition Technology,
FBI Should Better Ensure Privacy and Accuracy"
(GA0-16-267), he made a FOIA request to the FBI dated August
9, 2016, as follows:
1. Please supply records relating to an agreement between the
FBI and the BCI or the NDDOT authorizing or allowing the
search of any ND Driver License or non-photo identification
database pursuant to a request from any government agency for
the purposes of FACE or FIRS or NGI-IPS.
2. Please supply any perceived or actual statutory authority
relating to the denial of any of these requests.
(Doc. No. 1). The thrust of Kuntz's remaining allegations
as to what happened leading up to the filing of this action
(1) the FBI denied Kuntz's FOIA request on the grounds it
could find no responsive documents;
(2) Kuntz thereafter exhausted his administrative remedies
before the FBI and then the DOJ with his requests being again
denied at each stage based on the grounds that no responsive
documents were located;
(3) Kuntz then employed FOIA to “obtain additional
information regarding the Request” from the GAO;
(4) the GAO located the MOU and forwarded it to the FBI along
with a request to release the MOU to Kuntz;
(5) the FBI then treated the GAO request as new FOIA request
via a letter dated March 22, 2017;
(6) as of October 17, 2017 (the day Kuntz filed suit) no
responsive documents ...