Pinson v. Department of Justice (236 F. Supp. 3d 338, 2017)

United States District Court for the District of Columbia 2017-02-17

Citations

Full opinion text

MEMORANDUM OPINION

Granting in Part and Denying in Part Dependants’ Third Motion for Summary Judgment

RUDOLPH CONTRERAS, United States' District Judge

While -in .prison, pro se plaintiff Jeremy Pinson filed multiple Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, requests seeking records from various components of the U.S. Department of Justice (“DOJ”). In addition' to releasing a number of records'to Pinson, the DOJ asked Pin-son to clarify some of her records requests, told her that it could not 'find- records responsive to some of her requests, and informed- her that the some of the records she sought were exempt from disclosure by law. Pinson filed a complaint challenging some of these determinations and alleging that the DOJ improperly withheld records.

In two prior opinions, this Court has granted in part and denied in part the DOJ’s first and second requests for summary judgment as to the claims against the Bureau of Prisons (“BOP”). See Defs.’ Mot. Summ. J. Respect BOP, ECF No. 147; Pinson v. U.S. Dep’t of Justice, No. 12-1872, 2016 WL 29245, at *1 (D.D.C. Jan. 4, 2016), ECF No. 259; Defs.’ 2d Mot. Summ. J. Respect BOP, ECF No. 265; Pinson v. U.S. Dep’t of Justice, 199 F.Supp.3d 203, 218, No. 12-1872, ECF No. 309, 2016 WL 4250230 (D.D.C. 2016). Now before the Court is the DOJ’s third motion for summary judgment as to eleven FOIA requests. See Defs.’ 3d Mot. Summ. J. Respect BOP (“Defs.’ 3d MSJ”), ECF No. 293. The DOJ argues that, for each request, the BOP conducted adequate searches reasonably calculated to identify responsive records and made proper with-holdings pursuant to FOIA exemptions. See Defs.’ Mem. 'P. & A., ECF No. 293-2. For the reasons set forth below, the Court grants in part and denies in part the DOJ’s motion for partial summary judgment.

I. FACTUAL BACKGROUND

This Court has already explained the factual background in detail in its prior Memorandum Opinion. See Pinson, 2016 WL 29245, at *1-5, ECF No. 259 at 3-12. The Court assumes familiarity with its pri- or opinion and confines its discussion to the facts most relevant to the present motion.

A. Request No. 2010-12533

In August 2010, Pinson submitted a request to the BOP for (1) inmate handbooks from ADX Florence and (2) documents relating to the use of force against Pinson during November 2007 and any related Administrative Remedy Requests. See Corr. 2d Am. Compl. at 2, ECF No. 32; 3d Christenson Decl. ¶ 5 & Ex. A, ECF No. 293-3; Christenson Decl. ¶ 13 & Ex. 2, ECF No. 147-6. Pinson limited her. request to two hours of search time and 100 pages of information. 3d Christenson Decl, ¶ 5. After the BOP was denied summary judgment by this Court, it reprocessed the request. See 3d Christenson Decl. ¶ 4.

The DOJ released 148 pages of responsive records in full and 32 pages in part, and informed Pinson that it withheld 15 pages in full. Id. ¶ 12 & Ex. B. Exemption 5 was used to withhold several sections of the After Action Review Reports, including the determination, recommendations, and results. See Vaughn Index at 1-7, ECF No. 293-3, Ex. C. Exemption 7(C) and 7(F) were used to withhold a variety of information, including sections of documents naming government employees and inmates. See Vaughn Index at 1-7. Exemption 7(F) was also used to withhold the sections of documents which contained “security information used by the BOP to manage inmates and ensure the safety of the institution and the times certain activities occurred” as well as “the BOP’s monitoring and classification assignments for Pinson.” See, e.g., Vaughn Index at 3, 4, 7. Exemption 7(C) was used to withhold in full a document assessing a staff injury, and Exemptions 7(C) and 7(F) were used to withhold the daily assignment rosters for facility staff. See Vaughn Index at 3, 6-7. The DOJ now moves for summary judgment on the grounds that its search was adequate and that it produced to Pinson all responsive records after properly withholding, some records. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 1-7.

B. Request No. 2011-843

In October 2010, Pinson submitted a request to the BOP seeking production of the (1) Rated Capacity Computation Form (EMS-36); (2) Site Safety and Control Plan (ICS Form 208); (3) Incident Roster and Activity Log (ICS Form 214); and (4) Incident Action Plan Safety Analysis (ICS Form 215a), all for FCI Talladega. See 3d Christenson Decl. ¶44 & Ex. D; Greene Deck ¶ 7 & Ex. 1, ECF No. 147-5. A Rated Capacity Computation Form is completed by institutions “to determine and report their rated capacity and total capacity for overall strategic planning.” 3d Christenson Deck ¶ 45. The various ICS forms are part of an incident management system adopted by the BOP that has not yet been activated at FCI Talladega. See id. ¶¶ 47-48. Pinson limited her request to two hours of search time and 100 pages of information. See id. ¶ 44; Greene Deck Ex. 1. By letter dated December 2, 2010, the BOP informed Pinson that no responsive documents had been located. See Greene Deck ¶7 & Ex. 2. The DOJ’s Office of Information Policy (“OIP”) closed Pinson’s appeal of that determination due to pending litigation in this case, see id. ¶ 7 & Ex. 4, but, in fight of the previous litigation, the BOP later conducted another search “in additional areas” for responsive documents and located 4 pages that were released to Pinson in full, see Blanco Deck ¶10 & Attach. 1, ECF No. 147-4. The Court denied the DOJ’s first motion for summary judgment because the BOP failed to provide a detailed affidavit setting forth the search terms and type of search performed to locate records responsive to Request No. 2011-843. See Pinson, 2016 WL 29245, at *18; ECF No. 259 at 40-41.

After the Court issued that opinion the BOP re-processed Request No. 2011-843. See 3d Christenson Deck ¶4. The DOJ released 3 additional pages of responsive records in full and 1 page in part, id. ¶ 49 & Ex. E, and informed Pinson that it redacted a staff phone number under Exemptions 7(C) and 7(F), see Vaughn Index at 8. The DOJ now again moves for summary judgment, this time on the grounds that its search was adequate and that it produced all responsive records not properly withheld. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 8.

C. Request No. 2011-1351

In 2011, Pinson submitted a request to the BOP for the production of “[a]ll After-Action Review Reports, pertaining to any inmate on inmate assault and/or homicide” occurring at FCI Talladega during 2009-2010. See 3d Christenson Decl. ¶ 53 & Ex. F; Greene Decl. Ex. 5. The BOP initially responded that it would withhold these records in full under Exemptions 6 and 7(C) because the requested records concerned other inmates. See Greene ¶8 & Ex. 6. After Pinson appealed this determination to the OIP, the BOP conducted a search for requested After Action Review Reports and located 97 total pages of responsive records. See id. % 8 & Ex. 7. The BOP ultimately released 58 pages in full and 39 pages in part, withholding the names and register numbers of other inmates pursuant to Exemptions 6 and 7(C). See id. ¶ 8; id. Ex. 8; id. Ex. 9, at 1-2. The Court denied the DOJ’s first motion for summary judgment 'because the BOP failed to provide a detailed affidavit setting forth the search terms and type of search performed to locate records responsive to Request No. 2011-1351. See Pinson, 2016 WL 29245, at *18; ECF No. 259 at 40-41.

After the Court issued that opinion the BOP re-processed Request No. 2011-1351. See 3d Christenson Decl. ¶4. By letter dated May 25, 2016, the DOJ released 9 pages of responsive records in part. Id. ¶ 56 & Ex. G. The BOP withheld the determinations and recommendations of the After Action Review Reports under Exemption 5. Vaughn Index at 10-11. The BOP redacted the names of other inmates, and file numbers containing those names, under Exemption 7(C). Vaughn Index at 9-11. Exemption 7(F) was also applied to withhold “the correctional management techniques” the BOP used on other inmates, including their classification and monitoring assignments. Vaughn Index at 9-11. The DOJ now again moves for summary judgment, this time on the grounds that its search was adequate and that it produced to Pinson all responsive records to which she is entitled after properly withholding some records. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 9-11.

D. Request No. 2011-1886

In 2010, Pinson submitted a request to the BOP for the production of documents associated with her placement ■ at ADX Florence. See 3d Christenson Decl. ¶ 64 & Ex. H; Greene Decl. ¶9 & Ex. 10. The staff at FCI Talladega, where Pinson had been housed before she was transferred to ADX Florence, searched its facility for responsive documents. See Greene Decl. ¶ 9 & Ex. 10. After this request was twice remanded by OIP for reprocessing, the BOP identified 537 responsive pages, released 333 pages in full and 162 pages in part, and withheld 42 pages in full pursuant to Exemptions 6 and 7(C). See id. ¶¶ 10-12 & Ex. 17. The Court denied the DOJ’s first motion for summary judgment because the BOP failed to provide a detailed affidavit setting forth the search terms and type of search performed. See Pinson, 2016 WL 29245, at *18; ECF No. 259 at 40-41.

After the Court issued that opinion the BOP re-processed Request No. 2011-1886. See 3d Christenson Decl. ¶4. By letter dated June 2, 2016, the DOJ released 52 additional pages of responsive records in full and 48 pages in part, and informed Pinson that it redacted or withheld records. Id. ¶ 70 & Ex. I. The BOP withheld “staff member[s’] recommendation[s] regarding the future management of Pinson” under Exemption 5. Vaughn Index at 16, 17, 20. Exemption 7(C) was applied to redact the names of third-party individuals and inmates and contact, information for staff members. Vaughn Index at 12-20. Exemption 7(F) was applied to withhold sections of records containing “information regarding gang activity and informant activity within the BOP,” “a staff member’s response to questions posed by Pinson regarding [her] ADX- referral,” “the BOP’s monitoring and classification assignments for Pinson,” “a statement made by a third-party individual to a law enforcement officer,” “discussion of an inmate’s cooperation with law enforcement officers,” “the type of investigation being conducted,” and “a factual summary of the investigation ánd conclusions of the investigator.” Vaughn Index at 12-20. Exemption 7(F) was also used to withhold in full a letter containing “gang activity and informant activity within the BOP” an'd “information used by the Bureau to separate Pinson from other inmates,” as well as Pinson’s presentence report. Vaughn Index at 12-20. The DOJ now again moves for summary judgment, this timé on the grounds that its search was adequate and that' it produced to Pinson all responsive records to which she-is entitled. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 12 — 20..

E. Request No. 2011-2366

In December 2010, Pinson submitted a request to the BOP seeking copies of “any final settlement resulting in a [pjlaintiff receiving monetary compensation arising from litigation against officers or employees of the [BOP] in Lewisburg, PA; Oak-dale, LA; Talladega, AL, from. 2006-[2010].” 3d Christenson-Decl. ¶ 95 & Ex. J; Greene Decl. ¶ 13 & Ex. 18. Pinson limited her request to two hours of search time and 100 pages of information. See 3d Christenson Decl. ¶.95 & Ex. J; Greene Decl. Ex. 18. After an outstanding fee for a prior FOIA request was resolved, the BOP issued a letter to Pinson on December 10, 2013, informing her that no responsive documents were -located. See Greene Decl. ¶ 13 & Ex. 20. The Court denied the DOJ’s first motion fot summary ■ judgment because the BOP failed to provide a detailed affidavit setting forth the search terms and type of search performed to locate records responsive to Request No. 2011-2366. See Pinson, 2016 WL 29245, at *18; ECF No. 259 at 40-41.

After the Court issued that opinion the BOP re-processed Request No. 2011-2366. See 3d Christenson Decl. 1Í4. The BOP located a responsive “Stipulation for Compromise and Settlement” and a responsive letter about an administrative tort claim. Vaughn Index at 21. The BOP released 2 pages of records in full and 4 pages in part. 3d Christenson Decl. ¶ 101 & Ex, K. The BOP withheld the names and addresses of other inmates and other involved individuals under Exemption 6 and Exemption 7(C). Vaughn Index at 21. Exemption 6 and Exemption 7(C) were also used to withhold the1 case numbers and administrative tort claim number. Vaughn Index at 21. The DOJ now again moves for summary judgment, this time on the grounds that its search was adequate and that it produced to Pinson all responsive records to which she is entitled. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 21.

F. Request No. 2011-7156

In April 2011, Pinson submitted a request to the BOP seeking (1) “All ADX Florence placement decisions in which Assistant Director found placement not warranted since Jan. 1, 2009 with inmate names redacted,” (2) “emails between Central Office staff regarding [her] ADX referral,” (3) “emails between SERO Regional staff regarding [her] ADX referral,” (4) “List of psychology treatment programs at ADX Florence,” and (5) “All DHO Reports by FCI Talladega DHO created since 2008 which find a BOP employee statement or memorandum to not be credible.” See 3d Christenson Deel. ¶ 105 & Ex. L; Chris-tenson Decl. ¶ 24 & Ex. 6, ECF No. 147-6. She limited her request to no more than two hours search time and no more than 100 pages. See 3d Christenson Deck ¶ 105 & Ex. L; 3d Christenson Deck Ex. 6. After this Court denied the BOP summary judgment, the BOP reprocessed Request No. 2011-7156. See 3d Christenson Deck ¶ 4. The DOJ released 2 pages of responsive records in full and 7 pages in part, id. ¶ 117 <& Ex. M, and informed Pinson that it redacted staff and inmate names, identifying information, and telephone numbers under Exemption 7(C), Vaughn Index at 22. Exemption 7(F) was also used to withhold the “BOP’s monitoring and classification assignments for third party inmates.” Vaughn Index at 22.

As to Pinson’s request for emails, the DOJ initially advised Pinson that technical difficulties prevented it from searching its email archives. Id. ¶ 117 & Ex. M. The DOJ later stated that the search functionality was restored in October of 2016 and that an email search had been performed. Status Report Regarding Bureau of Prisons Email System (Email Status Report), ECF No. 353. The DOJ, however, also stated that the results of the email search were being “reviewed for' applicable exemptions,” and Pinson had therefore not yet received any results. Email Status Report at 1. The DOJ now again moves for summary judgment as to all records except for'emails, on the grounds that its search was adequate and that it produced all records not' properly withheld. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 22.

G. Request No. 2011-7619

In May 2011, Pinson submitted a request to the BOP seeking (1) “All Report of Incident (Form 583) regarding homicides within the Bureau of Prisons since 2008,” (2) all documents “related to Report of Incident Tracking # BMP 332.07,” (3) “Video recording ECN BMP-07599A,” (4) “All documents mentioning, involving, or relevant to Incident Report Nos. 1639219, 1639220, 2033413,” (5) “Anything related to the removal of televisions from ADX Special Housing Unit at ADX Florence,” and (6) “Anything related to policies, procedures or guidelines for issuance of a clock radio to SHU inmates at ADX Florence.” See 3d Christenson Deck ¶ 126 & Ex. N; Christenson Decl. ¶ 63 & Ex. 14. She limited her request to no more than two hours search time and no more than 100 pages. See 3d Christenson Deck ¶ 126 & Ex. N; Christenson Deck Ex. 14. After this Court denied the BOP summary judgment in its previous opinion the BOP reprocessed the request. See 3d Christenson Deck ¶ 4. The DOJ released 47 pages of responsive records in full and 56 pages in part, and informed Pinson that it withheld 5 pages in full. Id. ¶ 131 & Ex. 0. Under Exemption 7(C), the BOP withheld the names and personal information of other inmates. Vaughn Index at 23-24. Exemption 7(F) was used to withhold information about the types and causes of incidents collected in incident reports, as well as “the BOP’s monitoring and classification assignments of inmates.” Vaughn Index at 23-24. At one time additional records responsive to Request No. 2011-7619 may have existed, but these records were destroyed according to BOP policy during the two years Pinson failed to satisfy her delinquent fees. See Defs.’ Reply at 4, ECF No. 321; see also Pinson, 2016 WL 29245, at *2; ECF No. 259 at 4-5. The DOJ now again moves for summary judgment, this time on the grounds that its search was adequate and that it produced to Pinson all responsive records to which she is entitled after properly withholding records. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 23-24,

H. Request No. 2012-40

In September 2011, Pinson submitted a request to the BOP seeking “production of all emails sent by the North Central Regional Director and Warden of the U.S. Penitentiary Administrative Maximum during 2011.” See 3d Christenson Deck ¶ 140 & Ex. P; Christenson Deck ¶ 115 & Ex. 22. She limited her request to no more than two hours search time and no more than 100 pages, and she also asked for a cost estimate of any pages beyond the 100 pages she requested. See 3d Christenson Deck ¶ 140 & Ex. P; Christenson Deck Ex. 22. The BOP has reprocessed this request, see 3d Christenson Deck ¶ 4, after this Court’s previous denial of summary judgment. By letter dated May 16, 2016, the DOJ advised Pinson that technical difficulties prevented the BOP from searching its email archives. Id. ¶¶ 141-42 & Ex. Q. The search capacity was repaired in October of 2016 and the search has now been executed. Email Status Report, ECF No. 353. However, as of January of 2017, Pinson had not yet received any results because the records were still being reviewed for potential FOIA exemptions. Id. The DOJ states in its reply that it did not seek summary judgment as to this request while the search functionality was inoperable. See Defs.’ Reply at 1. Because no email results have yet been provided to Pinson, summary judgment remains premature.

I. Request No. 2012-39

In September 2011, Pinson submitted a request to the BOP seeking (1) “Report of Incident and After-Action Review Report written, produced of generated in connection with the 2008 U.S. Penitentiary High riot at Florence, CO,” and (2) “All emails, memorandums by ADX Florence Executive Staff and/or Department Supervisors written or generated in connection with the 2011 Accreditation review by the ACA and/or making reference or mentioning such review.” See 3d Christenson Deck ¶ 143 & Ex. R; Christenson Deck ¶ 119 & Ex. 24. She limited her request to no more than two hours search time and no more than 100 pages. See 3d Christenson Deck ¶ 143 & Ex. R; Christenson Deck Ex. 24. The BOP has reprocessed this request, see 3d Christenson Deck ¶ 4, after this Court denied the BOP summary judgment in its previous opinion. The DOJ released 1 page of responsive records in full and 11 pages in part, and informed Pinson that it withheld 4 pages in full. Id. ¶ 147 & Ex. S. The BOP applied Exemption 5 to withhold “an email discussion between BOP staff regarding proposed steps to take in anticipation of the ACA re-accreditation” and “the preliminary cause of death of deceased inmates ... [and] the estimated cost of the damage associated with incident.” Vaughn Index at 25-26. The BOP also withheld the conclusion and recommendations from an After Action Review Report under Exemption 5. Vaughn Index at 26. The BOP withheld the names and personal information of individuals including inmates and third-parties under Exemption 7(C). Vaughn Index at 25-26. The BOP also applied exemption 7(E) to withhold “the techniques law enforcement offi--cers used to contain and control a critical incident.” Vaughn Index at 26. The BOP also used exemption 7(F) to withhold “classification and monitoring assignments for third party inmates.” Vaughn Index at 26.

The response to this request was also affected by the malfunction in the BOP’s email search took 3d Christenson Deck ¶ 147 & Ex. S. That tool has since been repaired and a search executed, but the results of that search are still being examined for applicable FOIA exemptions and have thus not been released to Pinson. Email Status Report, ECF No. 353. Prior to repairing the email search tool, the DOJ moved for summary judgment except as to any potentially responsive emails, on the grounds that its search was adequate and that it produced all records other than those properly withheld. See Defs.’ 3d MSJ at 1-2; Vaughn Index at 25-26. Because no email results have yet been provided to Pinson, summary judgment remains premature.

J. Request No. 2012-975

In October 2011, Pinson submitted a request to the BOP seeking (1) the “2010-2011 U.S. Penitentiary Admin. Max.— Florence, CO Administrative Remedy Index,” and (2) “all 2010-2011 Form 583 Report of Incidents] from ADX Florence reporting Inmate on Inmate assaults to the NCRO.” See 3d Christenson Deck ¶ 162 & Ex. T; Christenson Deck ¶ 123 & Ex. 26. The BOP has reprocessed this request, see 3d Christenson Deck ¶ 4, after this Court denied the BOP summary judgment - in its previous -opinion. By -letter dated May 16, 2016, the DOJ released 171 pages of responsive records in full and 43 pages in part, and informed Pinson -that it redacted or withheld records. Id. ¶ 166 & Ex. U. The BOP applied Exemption 6 to withhold the names of third-party individuals from the administrative remedy index. Vaughn Index at 27. Under Exemption 7(C), the BOP redacted the names‘and personal information of third-party individuals and inmates. Vaüghn Index at 27-34. Under Exemption 7(F), the BOP withheld “the BOP’s monitoring and classification assignments for third-party inmates” and “information regarding an- assault on an inmate and attachments [to the form].” Vaughn Index at 27-34. The DOJ now again moves for summary judgment on the grounds that its search was adequate and that it produced all responsive records except those properly withheld. See Defs.’ 3d- MSJ at 1-2; Vaughn Index at 27-34.

K. Request No. 2013-1684

In November 2011, Pinson submitted a request to the BOP seeking the “production of all information produced on or after February 26, 2011 which' is located in’ the Central File, SIS File, and any other file maintained on Jeremy Pinson.” See 3d Christenson Decl. ¶ 176 & Ex. V; Chris-tenson Decl. ¶ 132 & Ex. 30. The BOP has reprocessed this request, see 3d Christen-son Deck ¶ 4, after this Court denied the BOP summary judgment in its previous-opinion. The reprocessing resulted in an estimated 8,666 pages of responsive records at an anticipated fee of $427.75. See 3d Christenson Deck ¶¶ 4,’183-84. By letter- dated May 16,- 2016, the DOJ advised Pinson that -it had paused its processing until-she provided advanced -payment, and offered her the option of either paying the expected fee, modifying her request to limit the responsive materials,.-,or receiving only the first 100 pages for free, Id. ¶ 184 &■ Ex. W, By letter dated May 24, 2016, Pinson indicated she no longer sought documents from-her Central File on or before October T, 2014, or her SIS file' between February 26; 2011, and October 2013. Id. If 185 & Ex, X. As of June 10, 2016, the BOP was waiting for new page estimates to determine if an amended fee letter needed to be sent to Pinson or if the records could be processed. Id. ¶ 186. Despite not having responded to the request, the DOJ’s briefing suggests that it moves for summary judgment on this request. See Defs.’ 3d MSJ at 1-2.

II. LEGAL STANDARD

“FOIA cases typically and appropriately are decided on motions for summary judgment.” Defs. of Wildlife v. U.S. Border Patrol, 623 F.Supp.2d 83, 87 (D.D.C. 2009) (citing Bigwood v. U.S. Agency for Int’l Dev., 484 F.Supp.2d 68, 73 (D.D.C. 2007)). Summary-judgment is appropriate where “the movant shows that there is no genuine dispute as to any material-fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A “material” fact is one capable of affecting the substantive outcome of the litigation. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute is “genuine” if there is enough evidence for a reasonable jury to return a verdict for the non-movant. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007).

The principal purpose of summary judgment is to streamline litigation by disposing of factually unsupported claims or defenses and determining whether there is a genuine need for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant bears the initial burden of identifying portions of the record that demonstrate the absence of any genuine issue of material fact. See Fed. R. Civ. P. 56(c)(1); Celotex, 477 U.S. at 323, 106 S.Ct. 2548. In response, the nonmovant must point to specific facts in the record that reveal a genuine issue that is suitable for trial. Celotex, 477 U.S. at 324, 106 S.Ct. 2548. In considering a motion for summary judgment, a court must “eschew making credibility determinations or weighing the evidence,” Czekalski v. Peters, 475 F.3d 360, 363 (D.C. Cir. 2007), and all underlying facts and inferences must be analyzed in the light most favorable to the nonmovant, see Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Nevertheless, conclusory assertions offered without any evidentiary support do not establish a genuine issue for trial. See Greene v. Dalton, 164 F.3d 671, 675 (D.C. Cir. 1999).

. When assessing a summary judgment motion in a FOIA case, a court makes. a de novo assessment of whether the agency has properly withheld the requested documents. See 5 U.S.C. § 552(a)(4)(B); Judicial Watch v. U.S. Dep’t of Homeland Sec., 598 F.Supp.2d 93, 95 (D.D.C. 2009). To prevail on a motion for summary judgment, “the defending agency must prove that each document that falls within the class requested- either has been produced, is unidentifiable or is wholly exempt from the Act’s inspection requirements.” Weisberg v. U.S. Dep’t of Justice, 627 F.2d 365, 368 (D.C. Cir. 1980) (internal quotation marks omitted) (quoting Nat’l Cable Television Ass’n v. FCC, 479 F.2d 183, 186 (D.C. Cir. 1973)). To meet its burden, a defendant may rely on declarations that are reasonably detailed and non-conclusory. See Citizens for Ethics & Responsibility in Wash. v. Dep’t of Labor, 478 F.Supp.2d 77, 80 (D.D.C. 2007) (“[T]he Court may award summary judgment solely on the basis of information provided by the department or agency in declarations when the declarations' describe ‘the documents and the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.’ ” (quoting Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C. Cir. 1981))). “Ultimately, an agency’s justification for invoking a FOIA exemption is sufficient if it appears ‘logical’ or ‘plausible.’ ” Wolf v. CIA, 473 F.3d 370, 374-75 (D.C. Cir. 2007) (quoting Gardels v. CIA, 689 F.2d 1100, 1105 (D.C. Cir. 1982)). Generally, a reviewing court should “respect the expertise of an agency” and not “overstep the proper limits of the judicial role in FOIA review.” Hayden v. Nat’l Sec. Agency/Cent. Sec. Serv., 608 F.2d 1381, 1388 (D.C. Cir. 1979).

Even if the nonmovant does not respond to the motion for summary judgment, the court cannot grant the motion for the reason that it was conceded. See Winston & Strawn, LLP v. McLean, 843 F.3d 503, 505 (D.C. Cir. 2016) (“Under the Federal Rules of Civil Procedure, a, motion for summary judgment cannot be ‘conceded’ for want of opposition. ‘The burden is always on the movant to demonstrate why summary judgment is warranted. The non-moving party’s failure to oppose summary judgment- does not shift that burden.’ The District Court ‘must always determine for itself whether the record and any undisputed material facts justify granting summary judgment.’ ” (quoting Grimes v. District of Columbia, 794 F.3d 83, 97 (D.C. Cir. 2015) (Griffith, J., concurring) and citing Fed. R. Civ. P. 56(e)(3))).

III. ANALYSIS

A. Adequacy of the BOP’s Search

The DOJ asserts , that its searches in response to all eleven requests were adequate. See Defs.’ 3d MSJ at 1-2. Even where Pinson does not contest the adequacy of a search, the Court will nonetheless independently determine whether the record and undisputed material facts justify granting summary judgment. Under FOIA, an adequate search is one that is “reasonably calculated to uncover all relevant documents.” Morley v. CIA, 508 F.3d 1108, 1114 (D.C. Cir. 2007) (internal quotation mark omitted) (quoting Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344, 1351 (D.C. Cir. 1983)). The agency need not to search “every record system” for the requested documents, but it “must conduct a good faith, reasonable search of those systems of records likely to possess the requested records.” Marino v. Dep’t of Justice, 993 F.Supp.2d 1, 9 (D.D.C. 2013) (citing Oglesby v. U.S. Dep’t of the Army, 920 F.2d 57, 68 (D.C. Cir. 1990)). When an agency seeks summary judgment on the basis that it conducted an adequate search, it must provide a “reasonably detailed” affidavit describing the scope of that search. Iturralde v. Comptroller of the Currency, 315 F.3d 311, 313-14 (D.C. Cir. 2003) (quoting Oglesby, 920 F.2d at 68). It is not enough, however, for the affidavit to state in conclusory fashion that the agency “conducted a review of [the files] which would contain information that [the plaintiff] requested” and did not find anything responsive to the request. Weisberg, 627 F.2d at 370. On the other hand, once the agency has provided a reasonably detailed affidavit describing its search, the burden shifts to the FOIA requester to produce “countervailing evidence” suggesting that a genuine dispute of material fact exists as to the adequacy of the search. Morley, 508 F.3d at 1116 (citation omitted).

Here, the DOJ argues that its searches for records in response to each request were adequate. See Defs.’ 3d MSJ at 1-2. The Court agrees that the searches conducted with respect to seven of these requests were wholly adequate. However, the Court finds that the BOP has yet to complete its responses to Pinson for Request Nos. 2011-7156, 2012-40, 2012-39, and 2013-1684.

1. Request Nos. 2010-12533, 2011-843, 2011-1351, 2011-1886, 2011-2366, and 2012-975.

The Court agrees with the DOJ that its searches in response to Request Nos. 2010-12533, 2011-843, 2011-1351, 2011-1886, 2011-2366, and 2012-975 were adequate, which Pinson does not contest. See Defs.’ 3d MSJ at 1-2; Pl.’s Resp., ECF No. 314. The DOJ provided a declaration from the BOP showing an organized and thorough search for these six requests. See generally 3d Christenson Decl. Specifically, the declaration and the DOJ’s briefing canvass each request in detail, explain to whom the request was sent, the specific databases searched, and, where appropriate, identify the specific search terms used to locate the documents. See Defs.’ Mem. P. & A. at 4-21; 3d Christenson Decl. ¶¶ 2-13, 44-50, 53-57, 64-71, 95-101, 162-167. The declaration’s descriptions suffice to provide a “reasonably detailed” account of the scope of the BOP’s search for each of these six requests. See Hidalgo v. FBI, No. 10-5219, 2010 WL 5110399, at *1 (D.C. Cir. Dec. 15, 2010) (“[Substantial weight traditionally [is] accorded [to] agency affidavits in FOIA ‘adequacy of search’ cases.” (citing Chambers v. U.S. Dep’t of the Interior, 568 F.3d 998, 1003 (D.C. Cir. 2009))).

For example, with respect to Request No. 2011-2366, which sought copies of “any final settlement resulting in a [p]laintiff receiving monetary compensation arising from litigation against officers or employees of the [BOP] in Lewisburg, PA; Oakdale, LA; Talladega, AL, from 2006-[2010],” Ms. Christenson attests that both the Southeast Regional Office of the BOP and the Supervisory Attorneys assigned to the BOP facilities in those cities searched for responsive records. See 3d Christenson Decl. ¶¶ 95, 98-99. Ms. Chris-tenson explains that the BOP maintains these types of records in two different databases created by the BOP’s Office of General Counsel, which track civil-litigation handled by BOP attorneys and administrative tort claims received by a- BOP legal office. See id. ¶¶ 96-97. Ms. Christen-son elaborates on the databases’ search capabilities, stating that the databases “are searchable by incident institution, date, and case disposition.” Id. at ¶ 98. She asserts that the staff ran a search for the settlement cases based on the criteria provided by Pinson, and the search identified responsive cases, the file was opened within the database to retrieve any documents showing the final settlement paid. Id. In addition, Ms. Christenson explains that the supervisory attorneys and legal staff in the individual legal office in each of the three cities also reviewed their case - tracking logs for any cases identified as settled that fit the criteria of Pinson’s request and hand searched the legal file for responsive settlement documents of. any case identified. See id. ¶ 99. Ultimately, Ms. Christen-son states that “[s]ix pages of responsive documents had been located.” Id. ¶ 100. Ms. Christenson provides the same type of reasonably detailed information describing the BOP’s searches in response to Request Nos. 2010-12533, 2011-843, 2011-1351, 2011-1886, and 2012-975. See id. ¶¶2-13, 44-50, 53-57, 64-71, 162-167; Vaughn Index, ECF No. 293-3, Ex; C. The Court thus concludes that the BOP conducted a good faith, reasonable search in response to these requests. Accordingly, the Court grants the DOJ’s motion for summary judgment with respect to the adequacy of the BOP’s search for Request Nos. 2010-12533/ 2011-843, 2011-1351, 2011-1886, 2011-2366, and 2012-975.

2. Request No. 2011-7619

Pinson does contest the adequacy of the DOJ’s search in response to Request No. 2011-7619, arguing that the BOP improperly destroyed responsive records. PL’s Resp. at 2. This complaint centers on the' request for documents related to Report of Incident # BMP 332.07 and video recording ECN BMP-07599-A. The BOP informed Pinson that no records could be found related to either topic because its evidence control log indicated that “the evidence and all information regarding the evidence had been destroyed,” pursuant to “routine evidence' retention policies.” 3d Christenson Decl. ¶ 127. The BOP explained that the records were deleted during the two year period when the request was closed because Pinson owed fees for a separate requést. Def.’s Reply at 4, ECF No. 321; see also Memorandum Opinion at 33-35, ECF No. 259. The Court agrees'with the DOJ that the search was adequate because the records were destroyed prior to Pinson paying her overdue fees and in accordance with the BOP’s established record retention policies.

It is well established that FOIA does not require an agency to retain records, but only to provide.access to records that have been retained. Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136, 151-52, 100 S.Ct. 960, 63 L.Ed.2d 267 (1980). It is thus clear that an agency that destroys documents prior to receiving a FOIA request covering those documents has committed no error. See id. at 155 n.9, 100 S.Ct. 960 (“[A] ‘withholding1 must here be gauged by the time at which the request is made since there is no FOIA obligation to retain records prior to that request.”). In this case, the documents were destroyed not before the initial FOIA request, but while that initial request was closed due to Pinson’s unpaid fees. Because the request was closed when the documents were destroyed — and may never have been reopened, if Pinson’s bills had languished unpaid — this situation is equivalent to the situations in which records were destroyed before the request was filed. See Flowers v. IRS, 307 F.Supp.2d 60, 72 (D.D.C. 2004) (approving the agency’s conduct when “the federal document-retention machinery lumbered forward on schedule, and the plaintiffs file was. destroyed” during, a period after the plaintiff filed a FOIA request but before the plaintiff corrected procedural errors with that request). The alternative would bind agencies to indefinitely maintain flies potentially related to any procedurally defective FOIA requests, on the possibility that a request might someday ripen into a perfected FOIA request.

Pinson does not otherwise object to the adequacy of the search for Request No. 2011-7619, and the BOP provided a detailed affidavit sufficiently describing its methods, 3d Christenson Deci. ¶¶ 126-132; Vaughn Index, EOF No. 293-3, Ex. C. The Court therefore finds that there is no genuine issue of material fact as to the adequacy of the BOP’s search in response to Request No. 2011-7619 and grants the DOJ’s motion for summary judgment with respect to adequacy.

3. Request Nos. 2011-7156, 2012-40, and 2012-39

Pinson disputes the adequacy of the BOP’s search in response to Request Nos. 2011-7156, 2012-40, and 2012-39, Pl.’s Resp. at 1, all. of which involved searches of emails. The BOP was initially prevented from searching -its email archives by technical problems.,See 3d Christenson Deck ¶¶ 117, 141-42,145, 147 (“[The] email archive system is currently unavailable due to technical issues, and it is not clear when it will be restored. [The BOP] will request a search of the email archive system for this.portion of Pinson’s request when it is restored”). In October of 2016, the search tool was fixed, and the BOP subsequently performed searches for records responsive to Request Nos. 2011-7156, 2012-40, and 2012-39. Email Status Report, EOF No. 353. Although the, searches have .been performed, Pinson has not yet received any response because the search results are still being evaluated for potential FOIA exemptions. Id. The DOJ clarified in its reply briefing — prior to informing the Court that the search capability was repaired — that it did not seek summary judgment as to the emails. See Defs.’ Reply at 1. Because Pinson has not yet received any response to which she may be entitled, summary judgment is, still not appropriate because the agency has not yet fully discharged its FOIA obligations. See Moore v. Aspin, 916 F.Supp. 32, 35 (D.D.C.1996) (citing Weisberg v. DOJ, 705 F.2d 1344, 1350 (D.C. Cir. 1983)). The Court thus agrees with Pinson and the DOJ that summary judgment is not appropriate as to the email portions of Request Nos. 2011-7156 and 2012-39, Because all of the records sought under Request No. 2012-40-are emails, summary judgment is thus not appropriate as to any portion of Request No. 2012-40. The BOP should file a supplemental motion for summary .judgment after the results have been .produced to Pinson.

The DOJ does move for summary judgment as to the non-email portions of Request Nos. 2011-7156 and 2012-39 on the grounds ’that its search was adequate and that all records withheld were properly withheld. See Defs.’ 3d MSJ at 1-2; Defs.’ Reply at 1. The DOJ submits affidavits sufficiently describing its search terms and methods for the non-email portions of Request Nos. 2011-7156 and 2012-39. 3d Christenson Decl. ¶¶ 105-118, 143-148; Vaughn Index. Pinson does not object to the adequacy of these’ searches, and this Court concludes that there is no genuine issue of material fact. The Court thus grants the DOJ’s motion for summary judgment as to the adequacy of its search for non-email records responsive to Request Nos. 2011-7156 and 2012-39.

4. Request No. 2013-1684

The DOJ asserts that, its search in response to Request No. 2013-Í684 was adequate. See Defs.’ 3d MSJ at 1-2. Although Pinson does not specifically object, the Court notes that the BOP has apparently not yet provided any response to Pinson. See 3d Christenson Decl. ¶ 186 (“[A] search was initiated ... [and] [a]s of the date of this declaration, [the BOP] [is] waiting for page estimates to determine if an amended fee letter needs to be sent to Pinson or if the records can be processed.”). Given that summary judgment is available only when “the agency proves that it has fully discharged its obligations under the FOIA,” the Court must deny the DOJ summary judgment as to Request No. 2013-1684. See Moore, 916 F.Supp. at 35.

B. FOIA Exemptions

Here, the DOJ asserts that the BOP properly invoked Exemptions 5, 6, 7(C), and 7(F) to redact or withhold certain information from responsive records. See Defs.’ 3d MSJ at 1-2; Vaughn Index, ECF No. 293-3, Ex. C. The Court will evaluate each invoked exemption in turn.

“[Disclosure, not secrecy, is the dominant objective of [FOIA].” Dep’t of the Air Force v. Rose, 425 U.S. 352, 361, 96 S.Ct. 1592, 48 L.Ed.2d 11 (1976). “Consistent with this purpose, agencies may withhold only those documents or portions thereof that fall under one of nine delineated statutory exemptions.” Elliott v. USDA, 596 F.3d 842, 845 (D.C. Cir. 2010) (citing 5 U.S.C. § 552(b)). “[T]he exemptions are ‘explicitly exclusive.’ ” U.S. Dep’t of Justice v. Tax Analysts, 492 U.S. 136, 151, 109 S.Ct. 2841, 106 L.Ed.2d 112 (1989) (quoting FAA Adm’r v. Robertson, 422 U.S. 255, 262, 95 S.Ct. 2140, 45 L.Ed.2d 164 (1975)).

It is the agency’s burden to show that withheld material falls within one of these exemptions. See 5 U.S.C. § 552(a)(4)(B); Elliott, 596 F.3d at 845. “The [C]ourt ... ‘impose[s] a substantial burden bn an agency seeking to avoid disclosure’ through the FOIA exemptions.” Morley, 508 F.3d at 1114 (quoting Vaughn v. Rosen, 484 F.2d 820, 828 (D.C. Cir. 1973)) (alteration in original). The agency’s documents supporting the exemption, including the Vaughn index, must “permit adequate adversary testing of the agency’s claimed right to an exemption.” Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, 840 F.Supp.2d 226, 230 (D.D.C. 2012) (quoting Kimberlin v. U.S. Dep’t of Justice, 139 F.3d 944, 950 (D.C. Cir. 1998)). Accordingly, disclosure exemptions are “narrowly construed,” and “ ‘conclusory and generalized allegations of exemptions’ are unacceptable.” See Morley, 508 F.3d at 1114-15 (quoting Founding Church of Scientology of Wash., D. C., Inc. v. Nat’l Sec. Agency, 610 F.2d 824, 830 (D.C. Cir. 1979)). However, courts generally respect the factual reasoning of agencies, and “[u]ltimately[ ] an agency’s justification for invoking a FOIA exemption is sufficient if it appears ‘logical’ or ‘plausible.’ ” Wolf v. CIA, 473 F.3d 370, 374-75 (D.C. Cir. 2007) (quoting Gardels v. CIA, 689 F.2d 1100, 1105 (D.C. Cir. 1982)). Thus, “a reviewing court should ‘respect the expertise of an agency’ and not ‘overstep the proper limits of the judicial role in FOIA review.’” Pinson v. U.S. Dep’t of Justice, 160 F.Supp.3d 285, 293 (D.D.C. 2016) (quoting Hayden v. Nat’l Sec. Agency/Cent. Sec. Serv., 608 F.2d 1381, 1388 (D.C. Cir. 1979)).

1. Exemption 5

The DOJ argues that the BOP properly invoked Exemption 5 in its re-sponses to Request Nos. 2010-12533, 2011-1351, 2011-1886, and 2012-39. See Defs.’ Mem. P. & A. at 27-28; 3d Chris-tenson Decl. ¶¶ 17-18, 58, 72, 149-51; Vaughn Index. Exemption 5 permits the withholding of “inter-agency or intra-agen-cy memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency.” 5 U.S.C. § 552(b)(5). This exemption protects documents “normally privileged in the civil discovery context,” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1113 (D.C. Cir. 2004), including “what is sometimes called the ‘deliberative process’ privilege,” Dep’t of the Interior v. Klamath Water Users Protective Ass’n, 532 U.S. 1, 8, 121 S.Ct. 1060, 149 L.Ed.2d 87 (2001). The deliberative process privilege “covers documents reflecting advisory opinions, recommendations, and deliberations comprising part of a process by which, governmental decisions and policies are formulated.” Id. at 8, 121 S.Ct. 1060 (quoting NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 150, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975)).

For the deliberative process privilege to apply, a court must first determine whether the document is both predecisional and deliberative. Access Reports v. Dep’t of Justice, 926 F.2d 1192, 1194 (D.C. Cir. 1991). “A document is predecisional if it is ‘generated before the adoption of an agency policy.’ ” McKinley v. FDIC, 744 F.Supp.2d 128, 138 (D.D.C. 2010) (quoting Coastal States Gas Corp. v. Dep’t of Energy, 617 F.2d 854, 866 (D.C. Cir. 1980)). A document is “deliberative” if it “reflects the give-and-take of the consultative process,” id. (quoting Coastal States Gas, 617 F.2d at 866), “by which the decision itself is made,” Jowett, Inc. v. Dep’t of the Navy, 729 F.Supp. 871, 875 (D.D.C. 1989) (quoting Vaughn v. Rosen, 523 F.2d 1136, 1144 (D.C. Cir. 1975)).

The DOJ claims that Exemption 5 justifies. withholding sections of multiple After Action Review Reports. See Vaughn Index at 1-7, 10-11, 26 (dealing with exemptions from Request Nos. 2010-12533, 2011-1351, and 2012-39). After Action Review Reports are “prepared by Bureau staff, and ... reviewed by additional Bureau staff ....” See Statement Mat. Facts Not Genuine Dispute ¶ 11, ECF No. 293-1. The BOP claims that it withheld “recommendations regarding whether a use of force was appropriate and suggestions for improving uses of force for the future” from its disclosures of the reports. See, e.g., 3d Chris-tenson Decl. ¶ 17; see also Vaughn Index at 1-7, 10-11, 26 (describing portions of documents withheld in response to Request Nos. 2010-12533, 2011-1351, and 2012-39).

Pinson argues that the DOJ must disclose the After Action Review Reports in their entirety here because it has previously disclosed similar documents during discovery in civil litigation. See Pin-son Decl. ¶ 6, ECF No. 314. However, FOIA exemptions are not coextensive with civil discovery standards. See Stonehill v. IRS, 558 F.3d 534, 538 (D.C. Cir. 2009). FOIA permits agencies to make “discretionary disclosures” of information that is exempt from mandatory disclosures. See CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1134 n.1 (D.C. Cir. 1987) (explaining that an agency’s FOIA disclosure decision can “be grounded either in its view that none of the FOIA exemptions applies, and thus that disclosure is mandatory, or in its belief that release is justified in the exercise of its discretion, even though the data fall within one or more of the statutory exemptions.”)- Therefore, even assuming, arguendo, that the DOJ has disclosed similar documents during discovery in civil lawsuits, that disclosure does not mandate disclosure in the instant case.

However, upon its independent inquiry, this Court is not satisfied that the DOJ has carried its burden of showing that Exemption 5 applies to the After Action Review Reports. In dealing with Exemption 5, the need for the agency to describe withheld records is at its height “because ‘the deliberative process privilege is so dependent upon the individual document and the role it plays in the administrative process.’ ” Animal Legal Def. Fund, Inc. v. Dep’t of Air Force, 44 F.Supp.2d 295, 299 (D.D.C. 1999) (quoting Coastal States, 617 F.2d at 867). The agency must show that the record was “generated as part of a definable decision-making process.” Gold Anti-Trust Action Comm., Inc. v. Bd. of Governors of Fed. Reserve Sys., 762 F.Supp.2d 123, 135-36 (D.D.C. 2011) (citing Petroleum Info. Corp. v. U.S. Dep’t of the Interior, 976 F.2d 1429, 1434 (D.C. Cir. 1992)). This showing typically includes “(1) the nature of the specific deliberative process involved, (2) the function and significance of the document in that process, and (3) the nature of the decisionmaking authority vested in the document’s author and recipient.” Nat’l Sec. Counselors v. CIA, 960 F.Supp.2d 101, 189 (D.D.C. 2013) (citing Senate of P.R. v. U.S. Dep’t of Justice, 823 F.2d 574, 585-86 (D.C. Cir. 1987); Arthur Andersen & Co. v. IRS, 679 F.2d 254, 257-58 (D.C. Cir. 1982); Coastal States, 617 F.2d at 867-68).

The BOP’s disclosures regarding the After Action Review Reports fall short of meeting this standard. The BOP does not define the nature of the deliberative process involved. Is the deliberative process one of how Pinson should be classified? An ongoing refinement -of the BOP’s policies on the use of force in general? While the BOP need not identify a specific policy decision, it must at least describe the decisionmaking process at issue. Furthermore, the BOP does not sufficiently describe the function or significance of the After Action Review Reports in that process, or the nature of the decisionmaking authority of the author and recipient. Who drafts the Reports? Who reviews them? Are the “determinations” withheld from the Reports final, or are they revised later? For these reasons, the BOP has not yet carried its burden of establishing that the After Action Review Reports are properly withheld under Exemption 5.

The same flaws undercut the BOP’s application of Exemption5 5 to other records,' including a memorandum from one BOP staff'member to another BOP staff member; referrals and recommendations regarding Pinson’s correctional management; a document discussing steps for re-accreditation; and a document- describing the preliminary cause of death of inmates and estimating costs. See also, e.g., Vaughn Index at 4' (“Memorandum from Michael'Nalley”); Vaughn Index at 12 (“Email from Chad Lohman to Lee Green”); Vaughn Index at 15 (“Investigative Report, SIS Case No. TDG .09-0011”); Vaughn Index at 16-17 (Documents 22, 23, and 25); Vaughn Index at 19 (“Inmate Investigative Report, SIS Case No. TDG 10-0125”); Vaughn Index at 25 (Documents 1, 2, 3, and 4). For these records, the BOP has likewise failed to specify the role of the document in the deliberative process, or the nature of the decisionmak-ing authority vested in each party. For example, for one set of documents, the BOP states only that “these documents consist of referrals and recommendations made from Bureau staff to other Bureau staff” without specifying the relative position in.the decisionmaking chain of each staff member. See 3d Christenson Decl. ¶ 72. The Court thus denies the BOP summary judgment as to its use of Exemption 5 to withhold documents, as reflected in the table infra at Part IV.

2. Exemption 6

The DOJ argues that the BOP properly invoked Exemption 6 to withhold the names' of individuals, individual’s addresses, and case numbers in response to Request No. 2011-2366, which sought' documents relating to the settlement' of legal claims agaihst the BOP. In its response to that request, the BOP produced parts of a “stipulation for compromise and settlement” and “letter regarding an administrative tort claim” but withheld the case number and administrative tort claim number, as well as the names and addresses of an inmate, the inmate’s attorney,' judges, a notary public, the Assistant U.S. Attorney, and a BOP employee. Vaughn Index at 21. Pinson does not explicitly challenge this withholding, but this Court independently considers if the BOP has shown that the undisputed material facts entitle it to summary judgment.

' Under Exemption 6, an agency may withhold “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). The exemption hás been interpreted broadly to protect “bits of personal information, such as names and addresses.” Prison Legal News v. Samuels, 787 F.3d 1142, 1147 (D.C. Cir. 2015) (brackets and internal quotation mark omitted). “The information in the file ‘need not be intimate’ for the file to satisfy the standard, and the threshold for determining whether information applies to a particular individual is minimal.” Milton v. U.S. Dep’t of Justice, 783 F.Supp.2d 55, 58 (D.D.C. 2011) (quoting N.Y. Times Co. v. NASA, 920 F.2d 1002, 1006 (D.C. Cir. 1990)). Private information must also implicate a “significant privacy interest” to trigger protection. Multi Ag Media LLC v. Dep’t of Agric., 515 F.3d 1224, 1229 (D.C. Cir. 2008) (quoting Nat'l Ass’n of Retired Fed. Emps. v. Horner, 879 F.2d 873, 874 (D.C. Cir. 1989)). This standard, however, “means less. than it might seem,” as a substantial privacy interest is “anything greater than a de minimis privacy interest.” Id. at 1229-30.

Where private information in a record does implicate a significant privacy interest, the court determines if disclosing the information would constitute a “clearly unwarranted invasion of personal privacy,” Wash. Post Co. v. U.S. Dep’t of Health & Human Servs., 690 F.2d 252, 260 (D.C. Cir. 1982) (internal quotation marks omitted) (quoting 5 U.S.C. § 552(b)(6)), by balancing “the privacy interest that would be compromised by disclosure against any public interest in the requested information,” Multi Ag Media, 515 F.3d at 1228. “The scope of a privacy interest under Exemption 6 will always be dependent on the context in which it has been asserted.” Prison Legal News, 787 F.3d at 1147 (D.C. Cir. 2015) (quoting Armstrong v. Exec. Office of the President, 97 F.3d 575, 581 (D.C. Cir. 1996)). In calculating the public interest, the court considers only “the extent to which disclosure of the information sought would ‘she[d] light on an agency’s performance of its statutory duties’ or otherwise let citizens know ‘what their government is up to.’” Lepelletier v. FDIC, 164 F.3d 37, 46 (D.C. Cir. 1999) (alteration in original) (quoting U.S. Dep’t of Def. v. Fed. Labor Relations Auth., 510 U.S. 487, 497, 114 S.Ct. 1006, 127 L.Ed.2d 325 (1994)). “Information that ‘reveals little or nothing about an agency’s own conduct’ does not further the statutory purpose.” Beck v. Dep’t of Justice, 997 F.2d 1489, 1493 (D.C. Cir. 1993) (quoting U.S. Dep’t of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 773, 109 S.Ct. 1468, 103 L.Ed.2d 774 (1989)).

From its response to Request No. 2011-2366, where Pinson sought, in relevant part, “any final settlement resulting in a Plaintiff receiving monetary compensation arising from litigation” against certain BOP sites, the BOP withheld “the names and addresses of individuals involved in the cases” from one “stipulation for compromise and settlement.” Vaughn Index at 21. The BOP also withheld the names of an inmate and a BOP employee from a letter regarding “an administrative tort claim. Vaughn Index at 21. The BOP also withheld “the case numbers and administrative claim number, as this information could be used to circumvent the withholding of the names and identify the involved individuals.” 3d Christenson Decl. ¶ 102. The individuals included inmates, court personnel, a prosecutor, BOP employees, and a notary public. Vaughn Index at 21. As to all of these withholdings, the BOP states only that releasing the information would “constitute an unwarranted invasion into [] personal privacy.” 3d Christenson Decl. ¶ 102. These names and addresses do constitute personal information, and revealing the name of a person involved in litigation with the- BOP or their address would implicate more than a de minimis privacy interest. The Court thus proceeds to balancing the public and private interests.

Pinson’s request is very similar to the request at issue in Prison Legal News v. Samuels, where the requestors sought “all documents showing money the [BOP] paid in connection with lawsuits and claims brought against it” during a particular time period. Prison Legal News, 787 F.3d at 1145. In Prison Legal Neivs, the BOP withheld “individuals’ names and other personal identifying information that would reveal the identity of a person related to a claim” under Exemption 6. Id. at 1147-48. The BOP provided a more thorough explanation of the private harm possible through disclosure, which the D.C. Circuit characterized as “to prevent the public from knowing an individual suffered some sort of injury or loss, or was subjected to discrimination, because association with the filing of a claim can be stigmatizing.” Id. at 1148. However, the D.C. Circuit rejected the BOP’s application of Exemption 6 because the BOP’s categorical approach provided insufficient explanation of the disparate privacy rights involved. For example, the BOP discussed all different types of claims together, even though “the privacy interest of tort claimants will be different when they are claiming injury from a slip and fall as compared to a sexual assault.” Id. at 1150. The BOP also grouped together all involved individuals, “failing] to distinguish between redacting the identity of the alleged victim and the alleged perpetrator.” Id. at 1150. The D.C. Circuit concluded that this approach was insufficiently precise because, when such a categorical explanation is used, “[t]he range of circumstances included in the category must ‘characteristically support[ ] an inference that the statutory requirements for exemption are satisfied.’ ” Id. (quoting Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, 746 F.3d 1082, 1088-89 (D.C. Cir. 2014)). The D.C. Circuit did not bar the possibility of using categories in the future, and provided examples of categories which might share a similar privacy interest, such as “medical professionals who treat inmates” or “prisoners who testify in FTCA claims.” Id. at 1151.

Here, the BOP likewise does not sufficiently explain the privacy interests of the individuals, “involved” in each claim. Neither claim is described, and, as the D.C. Circuit notes, an alleged sexual assault will trigger very different privacy interests than an alleged slip-and-fall. Here, as in Prison Legal News, the BOP groups together all of the involved individuals, even though the inmates likely have privacy interests that differ from those of the BOP employee, judge, or notary public. The BOP employee’s interest would also depend on whether he or she was involved in the case as a witness or as an alleged perpetrator. As in Prison Legal News, this oversimplification prevents this Court from understanding the privacy interests that weigh against disclosure, and the Court thus cannot correctly balance the .public and private interests. The Court will thus deny the BOP summary judgment as to its withholding of the names, addresses, and case numbers in its response to Request No. 2011-2366.

3. Exemption 7

■ The DOJ argues that the BOP properly invoked Exemption 7 in "response to-Request Nos. 2010-12533, 2Ó11-843, 2011-1351, 2011-1886, 2011-2366, 2011-7156, 2011-7619,' 2012-39, and 2012-975. See Defs.’ Mem. P. & A. at 30-31. Exemption 7 protects from disclosure certain “records or information compiled for law enforcement purposes.” 5 U.S.C. § 552(b)(7).

a. Threshold Inquiry

“In order to withhold documents under Exemption 7, the agency must, as a preliminary matter” make a “threshold” showing demonstrating “that the records were compiled for a law enforcement purpose.” Kay v. FCC, 976 F.Supp. 23, 37 (D.D.C. 1997). Agencies classified as law enforcement agéncies receive a special deference in their claims of law enforcement purpose. See Pratt v. Webster, 673 F.2d 408, 418 (D.C. Cir. 1982) (explaining this deference as based on “the generally accurate assumption that federal agencies act within their legislated purposes”). This review, however, although “necessarily deferential” is “not vacuous.” Id. at 421.

Not every document * compiled by a law enforcement agency satisfies -the law enforcement purpose inquiry. See AIC v. U.S. De