Avoiding Inadequate Searches in a FOIA Lawsuits

After complaints about her leadership, an Air Force major brought a Freedom of Information Action (FOIA) action for documents from the investigations into her command.

In a motion for summary judgment over FOIA requests, the question for the court to decide was whether the producing party made an adequate search and whether any withholdings were proper. Gilbert v. United States A.F., 2025 U.S. Dist. LEXIS 157763, at *1 (D.D.C. Aug. 14, 2025). 

FOIA Production History 

The Air Force produced 1,808 pages of responsive documents four days after receiving the FOIA request. Gilbert, at *3-4. The Air Force withheld some records that were protected complaints against the requesting party, an internal legal review, and personal identifiable information. Id. 

The procedural history had extensive activity, from an appeal of the withheld records, to filing the action at issue, numerous status conferences, additional productions, before the court decided the dueling motions for summary judgment. The Air Force produced documents after the summary judgment briefs were filed, which resulted in the Air Force being ordered to produce an index and support declarations to identify the remaining disputed issues. Gilbert, at *4-5.

Summary Judgment Standards for FOIA 

Summary judgment can be granted in FOIA disputes based on agency affidavits that 1) contain reasonably sufficient detail and not merely conclusory statements; and 2) there is not contradictory evidence in the record or by evidence of agency bad faith. Gilbert, at *5, citing Evans v. Fed. Bureau of Prisons, 951 F.3d 578, 584, 445 U.S. App. D.C. 361 (D.C. Cir. 2020)

The thrust of the requesting party’s challenge on the adequacy of the Air Force’s search was because the original email search was done by the custodians themselves. Yet, since that original production, the Air Force performed a full electronic search of the custodians’ email accounts. Gilbert, at *7-8. The court stated the custodian-dependent searches followed by the electronic search was an adequate search. Id. 

Requesting Party’s Adequate Search Challenge 

The requesting party argued that the Air Force’s search was conducted in bad faith, thus inadequate, because one email from September 2018 was not initially produced. Gilbert, at *6. The email was later produced with redactions. Id. 

The Air Force explained that the email was originally withheld because it was considered a “protected communication,” that included communications between a supervisor and employee. Id. 

The court stated the requesting party did not make a serious effort to establish that the identity of the person who sent the email was ever disclosed and that the redaction on the email was proper. Gilbert, at *8-9. 

Court’s Ruling on the Summary Judgment 

The Court granted the producing party’s motion for summary judgment, finding that the search was adequate and the withheld information proper. Gilbert, at *9. 

Logikcull Insight 

The question of performing an adequate search depends on both the collection of electronically stored information and the review of electronically stored information. So it is key to have efficient and reliable ways to conduct these phases of FOIA requests.  

Let’s start with ESI collection, data can be collected directly into Logikcull for review from cloud-based applications, such as Slack or Office 365. 

This includes Outlook and Gmail records, making it so emails can be directly loaded into Logikcull for review to identify records responsive to FOIA requests and redact any protected information. 

There are nine specific categories that allow information to be exempt from FOIA requests, which can justify redacting or withholding records. Logikcull has tools to comply with these exemptions. It can identify personally identifiable information (PII), such as Social Security Numbers or email addresses, and auto-redact them in bulk. 

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If there is a document that contains PII, a redaction can be applied directly over that area. Reviewers can create an opaque overlay with the redaction exception to be verified by attorneys performing QC. This redaction is then applied with the endorsement in the final production. 

The motto of the Air Force is "Aim High...Fly-Fight-Win". While applying redactions does not have the same action of supersonic flight, attorneys want to keep redactions level and true. Logikcull can help attorneys soar into the Wild Blue Yonder with automatic redactions over PII and tactically redact confidential information.