Gulluni v. Levy, No. 22-1862 (1st Cir. 2023)
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The First Circuit affirmed the decision of the district court granting summary judgment in favor of Joshua Levy, Acting United States Attorney for the District of Massachusetts, in this case challenging the denial by the United States Department of Justice (DOJ) of Levy's request for information related to a federal police misconduct investigation, holding that there was no error.
Anthony Gulluni, District Attorney for Hampden County, Massachusetts, sent DOJ a letter (Touhy request) requesting all Springfield, Massachusetts Police Department (SPD) reports and documents supporting DOJ's specific and general findings in an attempt to identify SPD officers who were subject to the DOJ's findings of specific instances of misconduct and general failures within SPD's practices. DOJ denied Gullini's request in accordance with Touhy regulations. Gullini appealed. The First Circuit affirmed, holding that the district court (1) did not err in applying the arbitrary and capricious standard to its review of DOJ's denial of Gullini's Touhy request; and (2) did not err in finding that DOJ's privilege grounds were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.
The court issued a subsequent related opinion or order on November 6, 2023.
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