Comms between BOP Coleman COs

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- All emails between former BOP correctional officer Scott Campbell and former BOP correctional officer Christopher Palomares.

For assistance in locating these records, both officers were at FCC Coleman until their retirements 2019.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

CJ Ciaramella

This is an appeal under the Freedom of Information Act regarding request No. 2023-01620.

I. The Request

On Jan. 13, 2023, requester C.J. Ciaramella, a reporter for Reason Magazine, filed FOIA request # 2023-01620 to the Bureau of Prisons seeking "All emails between former BOP correctional officer Scott Campbell and former BOP correctional officer Christopher Palomares.” Both officers worked at FCC Coleman, and both retired in 2019.

On Jan. 26, 2023, the Bureau of Prisons responded that it was withholding the records in full, under the justification that they could reasonably be expected to interfere with law enforcement proceedings. 5 U.S.C. § 552(b)(7)(A).

II. BOP has not satisfied its burden of demonstrating that the responsive documents are exempt from disclosure under Exemption 7(A).

An agency invoking Exemption 7(A) must demonstrate that the records “relate to any ongoing investigation or … would jeopardize any future law enforcement proceedings.” Nat’l Labor Relations Bd. v. Robbins Tire & Rubber Co., 437 U.S. 214, 235 (1978).

The government must make a greater showing of interference than a conclusory statement that “the withheld information was clearly related to (an ongoing investigation).” Campbell v. Dep’t of Health & Human Servs., 682 F.2d 256, 259 (D.C. Cir. 1982).

In this case, both correctional officers identified in the FOIA request have been retired since 2019, and publicly available information states that the Justice Department Office of Inspector General declined to investigate misconduct by them.

According to a Dec. 13, 2022 report by the Senate Permanent Subcommittee on Investigations, “DOJ’s Office of the Inspector General (“OIG”) declined to investigate these FCC Coleman officers for sexual abuse and they were never prosecuted.” (https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/2022-12-13%20PSI%20Staff%20Report%20-%20Sexual%20Abuse%20of%20Female%20Inmates%20in%20Federal%20Prisons.pdf)

These officers were compelled to give sworn statements to BOP internal affairs investigators, after which they were allowed to retire. The practical effect of those sworn interviews is that the officers can not be prosecuted for their statements under the Supreme Court ruling in Garrity v. New Jersey, 385 U.S. 493 (1967).

BOP has not demonstrated that the requested records either relate to an ongoing investigation or would jeopardize such an investigation. All publicly available information, controlling Supreme Court precedent, and the passage of time indicates that there is no active investigation or potential future law enforcement proceedings involving these former correctional officers. Therefore BOP has not met its burden to apply Exemption 7(A). Accordingly, I appeal the BOP’s determination and ask that my FOIA request be processed and completed. Sincerely,

CJ Ciaramella

Hi,
I was wondering if I could get an update and expected completion date regarding FOIA request 2023-01620. Thank you,

CJ Ciaramella