LOCATION: Billy Greenwood's Residence
DOCKET NO.: 86-1357
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 486 US 1 (1988)
ARGUED: Jan 19, 1988
DECIDED: May 16, 1988
Eric Robert Glitzenstein - for respondents
Edwin S. Kneedler - on behalf of the Petitioners
Facts of the case
Media for United States Department of Justice v. JulianAudio Transcription for Oral Argument - January 19, 1988 in United States Department of Justice v. Julian
Audio Transcription for Opinion Announcement - May 16, 1988 in United States Department of Justice v. Julian
William H. Rehnquist:
In No. 86-1357, United States Department of Justice versus Julian.
The respondents in this case are prison inmates who sued the Government under the FOIA, Freedom of Information Act for disclosure of their presentence investigation reports.
These reports are prepared by a probation officer.
They are then used by the District Court for sentencing and transmitted to the Parole Commission and the Bureau of Prisons.
The issue raised by this case is whether the FOIA requires that these presentence investigation reports be disclosed to the person who is the subject of the report or whether the reports instead fall under one of the Act's statutory exemption.
For the reason stated in an opinion filed with the clerk today, we conclude that the reports are not exempted from disclosure by either Exemption 3 or Exemption 5 of the FOIA.
And accordingly, they must be disclosed to the respondents.
Justice Scalia has filed a dissenting opinion in which Justice White and Justice O'Connor have joined.