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Barbara Schwarz v. National Security Agency Et Al.

• 1998 • 526 U.S. 122 • Rehnquist Court
Barbara Schwarz v. National Security Agency et al., 1998, is a case where Barbara Schwarz filed numerous Freedom of Information Act (FOIA) requests with various federal agencies seeking information about herself and her alleged husband, Mark Rathbun. The agencies denied having any records responsive to her requests, leading to the lawsuit. The U.S District Court for Utah dismissed the suit on summary judgment grounds because there was no genuine issue as to any material fact that would warrant...Open Case
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Chief Rehnquist Court
Term: 1998
Docket: 98-7771
526 U.S. 122
119 S. Ct. 1109
143 L. Ed. 2d 203
1999 U.S. LEXIS 1875

Barbara Schwarz v. National Security Agency Et Al.

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Opinion Summary
AI Abstract

Barbara Schwarz v. National Security Agency et al., 1998, is a case where Barbara Schwarz filed numerous Freedom of Information Act (FOIA) requests with various federal agencies seeking information about herself and her alleged husband, Mark Rathbun. The agencies denied having any records responsive to her requests, leading to the lawsuit. The U.S District Court for Utah dismissed the suit on summary judgment grounds because there was no genuine issue as to any material fact that would warrant a trial. On appeal, the Tenth Circuit affirmed this decision stating that an agency's failure to locate documents does not mean it has violated FOIA if it made a good faith effort in its search process and provided reasonable explanations why requested records could not be found.

Dissent Summary
AI Abstract

The dissenting opinion for the case Barbara Schwarz v. National Security Agency et al., 1998 is not available in public records. This could be due to the fact that this was a decision made by a district court and did not reach the Supreme Court level, thus no justices would have written opinions on it. The case involved plaintiff Barbara Schwarz requesting information from various government agencies under the Freedom of Information Act (FOIA). When her requests were denied, she sued but lost because she failed to exhaust administrative remedies before filing suit as required by FOIA procedures.

Opinion written by Justice
Decided: Mar 08, 1999
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