Medical Records Of USPS workers that have gone "postal"

Don M. Moore filed this request with the United States Postal Service of the United States of America.
Tracking #

2018-APP-00063,

2018-APP-00063

2018-FPRO-00241

Status
Completed

Communications

From: Don M. Moore

To Whom It May Concern:

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Documents concerning Mental Health of former USPS employees that have gone "postal". Specifically medical documents, letters sending employees to fit-for duty exams, ... of Patrick Sherrill, Joseph M. Harris,Thomas McIlvane, Lawrence Jasion , Mark Richard Hilbun, Jennifer San Marco, Grant Gallahe,

After going "postal" most of the above killed themselves as can be noted on https://en.wikipedia.org/wiki/Going_postal. If any are still alive the public interest out ways privacy interest for this request. For additional information please see my request for document concerning Stephen Paddock at https://www.muckrock.com/foi/united-states-of-america-10/medical-and-personnel-records-of-stephen-paddock-44419/

I'm requesting these documents for public evidence of games I know the USPS and psychiatrist played to drive me into psychosis such as wrong address for fit for duty exam. As anyone not familar with such games would most likely not check the address on fit for duty letters or if they did realize the address was wrong would most likely dismiss the wrong address as accidental and of no importance. Such "accidental" wrong address on fit for duty letter is but one of the games the USPS and psychiatrist use to drive people into psychosis.

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,

Don M. Moore

From: United States Postal Service

An interim response, stating the request is being processed.

From: United States Postal Service

A fix is required to perfect the request.

From: United States Postal Service

Mr. Moore:
Please see the attached correspondence concerning your Freedom of Information Act request dated November 29, 2017 and assigned FOIA Case Number 2018-FPRO-00241.
Sincerely,
Robin Sherwood

From: Don M. Moore

My FOIA request is for documents concerning fit for duty letters such as the letter the USPS sent to me (see attached USPSWrongAddress) happens to be letter sending me to see a psychiatrist for a fit for duty exam that has the wrong address. one of many games the USPS plays on employees to drive them into a psychosis and claim they are "mentally ill".
So in brief any fit for duty letters sending the employee for an exam and follow up documents to the exam.

From: United States Postal Service

Mr. Moore,
Please see the attached correspondence concerning your Freedom of Information Act request dated November 29, 2017 and assigned FOIA Case Number 2018-FPRO-00241.
Sincerely,
Robin Sherwood

From: United States Postal Service

The request has been rejected by the agency.

From: Don M. Moore

At this time I am not formally appealing the above response but I have requested the assistance of both the USPS FOIA liaison and OGIS to resolve issues with my request (to date I have found both the FOIA liaisons and OGIS to be woefully incapable of any assistance but here is another chance for them to actually do something). The USPS in the response is asking for signed waivers from dead people to protect the privacy of the dead people. This is an affront for a denial. The government is very seldom concerned for the privacy of dead people often releasing information to public concerning people that go "postal" with unsubstantiated statements such as they were "mentally ill" or as recently with Las Vegas alleged shooter Mr. Paddock that they had found child porn on his computer )no concern about Mr. Paddock's privacy or due process since he is dead but when it comes to releasing documents that may show the government played games and drove him int psychosis the USPS claims they need to protect his privacy and can not release with out a signed waiver! Does the USPS want to protect the privacy of dead people or cover up the fact the USPS has been playing games and driving numerous people into psychosis for years.

My initial request noted that the subjects of my request had gone "postal" with all dead but perhaps one with web cite to support my claim. Citing a web site for proof of death for a foia request on another person is acceptable and one of the first thing an agency should do when balancing Privacy of an individual and public interest is to figure out if person is alive or dead!

Review the USPS attached response and compare the differences with the FBI response cited below!

so I have stated in previous emails to all the supposed public servants including officers of the court I strongly suspect that psychiatry is a major fraud as many others also believe (most notably Dr. Szasz from Syracuse University). From my own experience with USPS sending me to wrong address for fit for duty exam, discussion and observations of others that the USPS has sent to wrong address for fit for duty exams I know psychosis can be induced in people in many ways (Freud also knew this as he compared the psychosis of those accused of being witches to the psychosis of people he treated and the psychosis he induced in Dr. Jung that resulted in Dr. Jung being in near catatonic state for two years).

Consider the attached response to my FOIA request date 01/12/2018 and signed by Renee A. Service since most all of the people except maybe one are dead after going "postal" the I question the government applying the privacy act to these request, and one of the first steps in balancing public interest and privacy concerns is if the subject of the requested documents is a live or deceased. since the attached government response requests signed waivers by the subject ("dated no more than one year from date of request" - when most have been dead for over a year) and even though my request mentions " After going "postal" most of the above killed themselves as can be noted on https://en.wikipedia.org/wiki/Going_postal. If any are still alive the public interest out ways privacy interest for this request" of course the attached government response did not include this part of my request. that "agencies must take pains to ascertain life status in the first instance, i.e., in initially balancing the privacy and public interests at issue" alive  Roth v. U.S. Dep’t of Justice, 642 F.3d 1161, 1181 (D.C. Cir. 2011) The agency bears the burden of establishing that a claimed exemption applies. Three days later, the FBI responded, stating that, because the requested records involved third 6 parties, they were generally exempt from disclosure and could not be released absent express authorization from each third party, proof of the third party’s death or a “clear demonstration that the public interest in disclosure outweighs the personal privacy interest and that significant public benefit would result from the disclosure of the requested records.”

Numerous differences in handling of Roth FOIA request by FBI and USPS handling of my FOIA request such as time of responses - three day response time by FBI verses much longer time by the USPS, lacking from USPS response anything concerning ", proof of the third party’s death "

Seems a no brainer that the government privacy response and request for signed waiver from dead people is ridicules so now lets turn to the possible privacy concerns of recent "postal" shooter of Ohio Mr. Stewart and the possible one other person on my list that may be alive serving time in prison or mental institution. I claim because the public has a great interest concerning the motive for "postal" shootings and that the government should of performed a competent investigation into the incidents and disclosed any possible contributing factors of the "postal" shootings to the lawyers defending the alleged shooters my request and the possible disclosure of evidence that anyone charged with incident such as "going postal" also has an interest in disclosing the records requested by my FOIA request. Unfortunately Mr. Stewart may be in such a psychosis that he may not be able to do much to assist in his own defense, he may also think he is "mentally ill" when the truth is he was driven into a psychosis by games the USPS and psychiatrist played on him. Also considering that a person that does not suspect the USPS and psychiatrist play games and drive people into psychosis may easily over look wrong address on letter for fit for duty exam or if they by some chance figured out the address is wrong they may dismiss it as an accident (by incompetent USPS employee) rather then understand that it is one of many games the USPS and psychiatrist may have played to drive the person into psychosis.

So at this point I will give any of those I'm sending this email to along with the Jordan Postmaster that I will provide a hard copy to until 02/052018 to contact me with something to move things forward. Clearly the OGIS and USPS FOIA liaisons are to assist in resolving such issues as I believe U.S. Attorneys should be ensuring a proper unbiased investigation and full disclosure to Mr. Stewart's lawyers.

From: Don M. Moore

Below please find the USPS sections concerning FOIA (from web site noted).

Please pay specific attention to the highlighted sections Such as the part that defines an "individual" as "A living person" as al but perhaps one of the individuals in my request are dead by the USPS rules section 552(b) does not apply.

The USPS should be able to retrieve the requested document by name see § 262.5 Systems (Privacy). (a) " retrieved by the name of an individual" in this case the records I have requested are dead thus the USPS definition doesn't really work.

In response to my FOIA request the USPS has failed to follow the USPS rules cited below. I will have no problem appealing the nonsense USPS response to this FOIA request but as I stated before I'm giving the USPS until the 5th of February!

I am posting a copy of this email on the corresponding MuckRock site with the email addresses of all the Public servants that are failing to respond to my emails! As you all are public servants you should have no issue with the public getting insight in how well you all serve or fail to serve the public!

https://www.gpo.gov/fdsys/pkg/CFR-2006-title39-vol1/pdf/CFR-2006-title39-vol1-chapI.pdf
§ 262.5 Systems (Privacy).
(a) Privacy Act system of records. A
Postal Service system containing information
about individuals, including
mailing lists, from which information
is retrieved by the name of an individual
or by some identifying number
or symbol assigned to the individual,
such as a Social Security Account
Number.

(b) Individual (record subject). A living
person. Does not include sole proprietorships,
partnerships or corporations.
A business firm identified by the name
of one or more persons is not an individual.
§ 265.2 Policy.
(a) It is the policy of the Postal Service
to make its official records available
to the public to the maximum extent
consistent with the public interest.
This policy requires a practice of
full disclosure subject only to the specific
exemptions required or authorized
by law.
(b) The exemptions from mandatory
disclosure provided by section 552(b) of
title 5, and section 410(c) of title 39,
U.S.C., for various types of records, reflect
the fact that under some circumstances
the public interest may be
better served by leaving the disclosure
of particular records to the discretion
of the Postal Service than by requiring
their disclosure. As to those records
the disclosure of which is not prohibited
by statute, Executive Order, or
regulation, the discretion vested in the
Postal Service is exercised after giving
consideration to the following: The effect
of non-disclosure on the public’s
right to know about a particular matter;
the effect of disclosure on the right
of privacy of any affected individuals;
the effect of disclosure on the public
interest in the economical, efficient,
and orderly operation of the nation’s
mail system; and any other factors
that may be relevant under the circumstances.

[40 FR 7331, Feb. 19, 1975, as amended at 45
FR 44270, July 1, 1980]

From: Don M. Moore

At this time I am appealing the USPS response to my 11/29/2017 FOIA request submitted by MuckRock and email to the USPS. Appeal will be sent via MuckRock and email (including to U.S. Attorney Charles Roberts). https://www.muckrock.com/foi/united-states-of-america-10/medical-records-of-usps-workers-that-have-gone-postal-46249/#appeal

1)A copy of the request,

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Documents concerning Mental Health of former USPS employees that have gone "postal". Specifically medical documents, letters sending employees to fit-for duty exams, ... of Patrick Sherrill, Joseph M. Harris,Thomas McIlvane, Lawrence Jasion , Mark Richard Hilbun, Jennifer San Marco, Grant Gallahe,

After going "postal" most of the above killed themselves as can be noted on https://en.wikipedia.org/wiki/Going_postal. If any are still alive the public interest out ways privacy interest for this request. For additional information please see my request for document concerning Stephen Paddock at https://www.muckrock.com/foi/united-states-of-america-10/medical-and-personnel-records-of-stephen-paddock-44419/

I'm requesting these documents for public evidence of games I know the USPS and psychiatrist played to drive me into psychosis such as wrong address for fit for duty exam. As anyone not familiar with such games would most likely not check the address on fit for duty letters or if they did realize the address was wrong would most likely dismiss the wrong address as accidental and of no importance. Such "accidental" wrong address on fit for duty letter is but one of the games the USPS and psychiatrist use to drive people into psychosis.

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,

Don M. Moore

of any notification of denial or other action, and of any other related correspondence;
See attached:
(2) The FOIA tracking number assigned to the request; Freedom of Information Request #2018-FPRO-00241
(3)A statement of the action, or failure to act, from which the appeal is taken;
The action from which this appeal is taken is the denial of FOIA request by letter 01/12/2018 Signed by Renee A. Service(see email attachment 1-12-18_MR46249_REJ_ID2018-FPRO-00241.pdf).
(4) A statement identifying the specific redactions to responsive records that the requester is challenging; No responsive records provided thus this section does not apply.
(5) A statement of the relief sought; and For the USPS to provide the requested documents.
(6)A statement of the reasons why the requester believes the action or failure to act is erroneous. The USPS response is erroneous because the USPS failed to apply correct application of FOIA law and the USPS regulations. The Privacy Act application is being applied by the USPS to individuals that are no longer living and by USPS regulation § 262.5 (b) defines an “Individual (record subject)”. As “A living person.” Even if my FOIA request was/is for living persons records the agency is to balance the Privacy interest of the individual with the public interest that clearly the agency has failed to perform in this response. The USPS reason for not disclosing the requested documents is erroneous and not in compliance with USPS own regulations, FOIA, and Privacy Act.

In addition I note that the OIGS and USPS public Liaison have failed to assist me with my request. I suspect this to be in violation of the ADA as they seem to perceive me to be “mentally ill” and thus think they can just ignore me.

From: Don M. Moore


Additional considerations from the USPS regulation that USPS went by in denial of FOIA request but apparently over looked or just plain not understood by Renee A. Service!
http://about.usps.com/handbooks/as353.pdf

D.1. Disclosures Authorized by the Privacy
Act
The Privacy Act authorizes disclosures in the following twelve
circumstances:

2.As required by the Freedom of Information Act.

From Justice department web site concerning FOIA please note “there is the principle that deceased persons are possessed of no protectible privacy interests under the FOIA;”
https://www.justice.gov/oip/blog/foia-update-oip-guidance-privacy-glomarization

COGNIZABLE PRIVACY INTEREST
Analytically, though, use of the "Glomarization" approach under Exemption 7(C) is justified only when it is determined that there is a cognizable privacy interest at stake and that there is insufficient public interest in disclosure to outweigh it. See, e.g., Common Cause v. National Archives & Records Service, 628 F.2d 179, 184-86 (D.C. Cir. 1980) (balancing required by Exemption 7(C) even for identities of uncharged subjects of law enforcement investigation). In this regard, it should be remembered that there are three circumstances in which the fact that an individual is mentioned in a law enforcement file does not give rise to a privacy interest cognizable under Exemption 7(C).

First, there is the principle that deceased persons are possessed of no protectible privacy interests under the FOIA; therefore, when an agency is aware of the record subject's death, either because the requester has provided proof of this fact or because it is reflected in the responsive records, neither of the FOIA's privacy exemptions may be invoked. See, e.g., Tigar & Buffone v. United States Department of Justice, Civil No. 80-2382, slip op. at 9-10 (D.D.C. Sept. 30, 1983); Diamond v. FBI, 532 F. Supp. 216, 227 (S.D.N.Y. 1981), aff'd on other grounds, 707 F.2d 75 (2d Cir. 1983), cert. denied, 465 U.S. 1004 (1984); Rabbitt v. Department of the Air Force, 383 F. Supp. 1065, 1070 (S.D.N.Y. 1974), on motion for reconsideration, 401 F. Supp. 1206, 1210 (S.D.N.Y. 1975); see also FOIA Update, Sept. 1982, at 5. But see also Kiraly v. FBI, 728 F.2d 273, 277-79 (6th Cir. 1984). Note, however, that information about a decedent may, in some very unusual cases, also directly implicate the privacy interests of a relative or close personal associate who does qualify for FOIA exemption protection. See, e.g., Price v. United States Department of Justice, Civil No. 84-330-A, slip op. at 6-7 (M.D. La. June 25, 1985).

From: United States Postal Service

A letter stating that the request appeal has been received and is being processed.

From: Don M. Moore


Sent: Wednesday, March 21, 2018 3:31 PM
To: charles.roberts@usdoj.gov
Cc: Eyre, Jane G - Washington, DC; Crump, Linda K - St Louis, MO; Lynch, Lisa A - Albany, NY; Robinson, Theresa; RSMcalhaney@uspis.gov; Salvagni, Danielle (USANYN)
Subject: FOIA request to USPS administrative appeal # 2018-APP-00063

By my count 20 working days for USPS to respond to my appeal was up Monday with no response yet from the USPS - most likely the USPS is snail mailing response instead of directly posting to MucKRock - https://www.muckrock.com/foi/united-states-of-america-10/medical-records-of-usps-workers-that-have-gone-postal-46249/

This Sunday's Post Standard a couple articles concerning "mental illness" http://www.syracuse.com/news/index.ssf/2018/03/syracuse_man_free_5_years_after_drowning_son_rare_recovery_or_travesty_of_justic.html, "Recovery or Injustice?" About Marcell Washington maybe getting out of mental Hospital after insanity defense for killing his son 6 years ago.
http://www.syracuse.com/opinion/index.ssf/2018/03/marcell_washington_mental_illness_is_real_your_letters.html Marcell Washington letter claiming "mental Illness" is real!

I think my above FOIA request may expose some truths about "mental illness" that both the USPS and psychiatrist do not want the public to know because it will help people to understand the truth and fraud of "mental illness".

I am posting a copy of this email to MuckRock!

From: United States Postal Service

A copy of documents responsive to the request.

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