United States District Court, D. Connecticut
RULING ON MOTION FOR SUMMARY JUDGMENT
A. BOLDEN, UNITED STATES DISTRICT JUDGE
Pinnicchia sued the United States Department of Veterans
Affairs (either the “VA”” or
“Defendant”) for declaratory and injunctive
relief under the Freedom of Information Act
(“FOIA”). Mr. Pinnicchia alleges that the VA has
improperly withheld agency records. The VA has moved for
summary judgment. Def.'s Mot. for Summ. J., ECF No. 12.
following reasons, the Court GRANTS the
motion for summary judgment, and the VA need not unredact the
documents already provided.
AND PROCEDURAL BACKGROUND
to Mr. Pinnicchia, on or about May 25 or 26, 2017, he was
falsely accused of job-related impropriety and suspended with
pay, pending an investigation. Compl., ECF No. 1, at ¶
6. According to his FOIA request, Mr. Pinnicchia was informed
by Mr. Harry Lovett that he “allegedly
threatened” his “immediate supervisor Kevin
Tyson.” Martin Decl., Ex. A, ECF No. 13-2. The time and
date of the event were not made clear to Mr. Pinnicchia.
Id. Mr. Pinnicchia was exonerated by the
investigation, but his accuser was never identified. Compl.,
at ¶ 6.
2, 2017, Mr. Pinnicchia requested “any and all police
reports or police logs relating to this incident.”
Martin Decl., Ex. A., ECF No. 13-2; Compl., at ¶ 7.
14, 2017, Veteran Affairs provided Mr. Pinnicchia with a
redacted police report. Id. at ¶ 8. The initial
agency decision noted that “all personal, names and
identifying information of the other parties have been
redacted.” Martin Aff., Ex. C, ECF No. 13-4. The
VA's General Counsel later affirmed the decision to
redact the personally identifiable information on Mr.
Pinnicchia's appeal. Id. at ¶¶ 9-10,
December 21, 2017, Mr. Pinnicchia filed this Complaint
against the Department of Veterans Affairs for declaratory
relief, injunctive relief, costs, and attorney's fees
under FOIA. ECF No. 1. On January 29, 2018, the VA answered
the Complaint. ECF No. 11.
13, 2018, the VA moved for summary judgment. ECF No. 12.
22, 2018, Mr. Pinnicchia filed a memorandum in opposition to
summary judgment. ECF No. 17.
August 6, 2018, the VA replied to Mr. Pinnicchia 's
response. ECF No. 18.
March 6, 2019, the Court held a hearing on the VA's