University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name ACLU of Michigan v. FBI PN-MI-0009
Docket / Court 2:11-cv-13154 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Policing
Attorney Organization Michigan ACLU
Case Summary
On July 21, 2011, the ACLU of Michigan group filed a lawsuit in U.S. District Court Eastern District of Michigan under the Freedom of Information Act (FOIA) against the Federal Bureau of Investigation (FBI). The plaintiff asked the court for an injunction, claiming that the FBI was not timely in ... read more >
On July 21, 2011, the ACLU of Michigan group filed a lawsuit in U.S. District Court Eastern District of Michigan under the Freedom of Information Act (FOIA) against the Federal Bureau of Investigation (FBI). The plaintiff asked the court for an injunction, claiming that the FBI was not timely in its response, and that information was improperly redacted from documents that were received.

On July 27, 2010, the ACLU of Michigan submitted a FOIA request to the FBI requesting documents pertaining to the use of race and ethnicity to conduct assessments and investigations. More than four months later on December 22, 2010, the FBI released the first batch of documents to the ACLU. The documents included duplicate pages that had been redacted and none were specific to Michigan or the Detroit Field Office. More documents were released on September 29, 2011 and October 31, 2011. The FBI claimed that the documents were released in a reasonable timeframe and that any information withheld was proper under exceptions to FOIA.

On September 30, 2012, the Court (Judge Lawrence P. Zatkoff) denied summary judgment for the ACLU and granted summary judgment for the FBI. The court found that the ACLU had not exhausted itsadministrative remedies and any information withheld by the FBI fell under the proper exceptions to FOIA.

On August 21, 2013, the United States Court of Appeals for the Sixth Circuit upheld the lower court's ruling. American Civil Liberties Union of Michigan v. F.B.I., 734 F.3d 460.

Kim Zhang - 07/20/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Jurisdiction-wide
Discrimination-basis
Race discrimination
General
Racial profiling
Records Disclosure
Plaintiff Type
Non-profit NON-religious organization
Race
Race, unspecified
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) Federal Bureau of Investigation
Plaintiff Description Michigan ACLU, non-profit non-partisan organization
Indexed Lawyer Organizations Michigan ACLU
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
2:11−cv−13154 (E.D. Mich.) 10/15/2013
PN-MI-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief 07/21/2011
PN-MI-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 09/30/2012 (2012 WL 4513626) (E.D. Mich.)
PN-MI-0009-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/30/2012 (E.D. Mich.)
PN-MI-0009-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion 08/21/2013 (734 F.3d 460)
PN-MI-0009-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Zatkoff, Lawrence Paul (E.D. Mich.)
PN-MI-0009-0002 | PN-MI-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Borgsdorf, Stephen C. (Michigan)
PN-MI-0009-0001 | PN-MI-0009-9000
Choudhury, Nusrat Jahan (New York)
PN-MI-0009-0001 | PN-MI-0009-9000
Fancher, Mark P. (Michigan)
PN-MI-0009-0001 | PN-MI-0009-9000
Shamsi, Hina (New York)
PN-MI-0009-0001 | PN-MI-0009-9000
Steinberg, Michael J. (Michigan)
PN-MI-0009-9000
Defendant's Lawyers Lievense, Andrew J (Michigan)
PN-MI-0009-9000
Sandberg, Justin Michael (District of Columbia)
PN-MI-0009-9000
Other Lawyers None on record

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