Facts

Plaintiff, a federal prisoner, was convicted of violating 18 U.S.C. Section 2422(b), Use of Facility of Interstate Commerce to Induce a Minor to Engage in Criminal Sexual Activity. He was sentenced to 108 months in prison.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the government destroyed in bad faith or caused to become missing, exonerating evidence in his case. In his second amended complaint, he asserted claims of Freedom of Information Act and/or Privacy Act, relating to his request seeking all records relating to his underlying case of conviction. He alleged violation of FOIPA due to failure to provide records, and bad faith loss and/or destruction of records.

DEFENDANT'S CONTENTIONS:
The DOJ contended in its motion for summary judgment that plaintiff's lawsuit should be dismissed as moot because the DOJ had already provided plaintiff with the requested information, except for information protected from disclosure under FOIPA's exemptions.

Result

The court granted defendant's motion and dismissed the action with prejudice.