Ferguson v. Federal Bureau of Investigation

PRATT, Circuit Judge: Defendant-appellant Federal Bureau of Investigation (""FBI"") appeals from an order of the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, directing the FBI to release to plaintiff-appellee Herman Benjamin Ferguson, substantial portions of FBI investigatory files, including information about confidential sources, pursuant to the Freedom of Information Act (""FOIA""), 5 U.S.C. § 522. The FBI refused to provide Ferguson, a convicted felon who seeks information to clear his name, with unredacted information compiled in its files. It claimed that the information need not be disclosed pursuant to applicable FOIA exemptions. See 5 U.S.C. § 552(b)(7)(C) & (D). The district court disagreed and ordered disclosure of some of this information, as well as further in camera submissions for future consideration of other information. A panel of this court granted the FBI's motion for a stay pending appeal of the district court's order.