alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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II

105TH CONGRESS

1ST SESSION S. 203

To amend the Federal Property and Administrative Services Act of 1949

to authorize the transfer to State and local governments of certain

surplus property for use for law enforcement or public safety purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 23, 1997

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

FEBRUARY 5, 1997

Committee discharged; referred to the Committee on Governmental Affairs

A BILL

To amend the Federal Property and Administrative Services

Act of 1949 to authorize the transfer to State and local

governments of certain surplus property for use for law

enforcement or public safety purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 203 RCS

1 SECTION 1. AUTHORITY TO TRANSFER SURPLUS PROP2 ERTY FOR USE FOR LAW ENFORCEMENT OR

3 PUBLIC SAFETY PURPOSES.

4 (a) IN GENERAL.—Section 203(p)(1) of the Federal

5 Property and Administrative Services Act of 1949 (40

6 U.S.C. 484(p)(1)) is amended by striking ‘‘required’’ and

7 all that follows through ‘‘offenders as’’ and inserting

8 ‘‘needed for use by the transferee or grantee for a law

9 enforcement or public safety purpose’’.

10 (b) APPLICATION OF LAW TO PRIOR TRANSFERS AND

11 CONVEYANCES.—Section 203(p) of the Federal Property

12 and Administrative Services Act of 1949 (40 U.S.C.

13 484(p)) is amended by adding at the end the following:

14 ‘‘(4) Any real or related personal property trans15 ferred or conveyed under this subsection before the date

16 of the enactment of this paragraph may, with the approval

17 of the Attorney General, be used for a law enforcement

18 or public safety purpose.’’.

Æ
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN SMITH, 

Plaintiff-Appellant, 

 v. 

U.S. DEPARTMENT OF 

TRANSPORTATION, 

Defendant-Appellee.

No. 19-35063 

D.C. No. 6:16-cv-01875-TC 

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Michael J. McShane, District Judge, Presiding

Submitted April 7, 2020**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. 

Steven Smith appeals pro se from the district court’s summary judgment in 

his Freedom of Information Act (“FOIA”) action arising out of his requests for 

records from the Department of Transportation (“DOT”). We have jurisdiction 

under 28 U.S.C. § 1291. We review de novo. Animal Legal Def. Fund v. U.S. 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-35063 

Food & Drug Admin., 836 F.3d 987, 990 (9th Cir. 2016) (en banc). We affirm.

The district court properly granted summary judgment for the DOT because

Smith failed to raise a genuine dispute of material fact as to whether the DOT did 

not “conduct[] a search reasonably calculated to uncover all relevant documents.” 

Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 770 (9th Cir. 2015) (citation and 

internal quotation marks omitted); id. at 770-71 (requirements for demonstrating 

adequacy of search for documents in response to a FOIA request). 

The district court did not err by denying in part Smith’s motion for partial 

summary judgment. Although the DOT’s failure to respond to Smith’s FOIA 

requests within the statutory time limits meant that Smith was deemed to have 

exhausted his administrative remedies, see 5 U.S.C. § 552(a)(6)(C)(i) (a party

making a FOIA request “shall be deemed to have exhausted his administrative 

remedies with respect to such request if the agency fails to comply with the 

applicable time limit provisions”), Smith provided no basis for any relief outside of 

that provided by the FOIA statute.

The district court did not abuse its discretion by denying Smith’s motions for 

discovery because the discovery sought was not within the scope of the limited 

discovery permitted in FOIA actions. See Lane v. Dep’t of Interior, 523 F.3d 

1128, 1134-35 (9th Cir. 2008) (setting forth standard of review and explaining 

limitations on discovery in FOIA actions). 
3 19-35063 

The district court did not abuse its discretion by denying Smith’s motion for 

costs without prejudice to refiling the motion after the resolution of the instant 

appeal. See Christian v. Mattel, Inc., 286 F.3d 1118, 1129 (9th Cir. 2002) (setting 

forth standard of review and noting a district court’s “considerable latitude in 

managing the parties’ motion practice”). 

Smith’s “motion re trial court motion for costs” is denied without prejudice 

to refiling in the district court. 

AFFIRMED.
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#### CONKLIN v. CITY OF ELMIRA.

(Supreme Court, Appellate Division, Third Department.

December 2, 1896.)

Municipal Corporations—Defective Sidewalks—Liability.

Where ridges, formed in a city sidewalk by portions of it being raised by tree roots beneath, are of long standing, the city will be liable for injuries sustained by a person from a fall while carefully walking along, caused by his slipping on ice, concealed by snow, which has formed on one of the ridges.

Appeal from circuit court, Chemung county.

Action by Lizzie A. Conklin against the city of Elmira for injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals.

Affirmed.

*519Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.

Dennis P. Lynch, for appellant.

W. E. Knapp, for respondent.

LANDON, J.

The plaintiff, about 10 o’clock on the morning of March 2, 1895, was walking upon the north side of West Fourth street, in the city of Elmira, when she stepped upon the top of an icy ridge in the sidewalk, and her foot slipped into a depression by the side of the ridge, and she fell, and broke her left arm. The icy ridge was formed over the bricks of the walk, which had been upheaved by the roots of a large elm tree standing near the place where she fell. The elevations and depressions in the brick walk, caused by the roots of the tree, were of long standing. They were covered with ice, two or three inches thick, formed of the melted and trodden snow, and, except as affected by the snow which had fallen the previous evening, had been substantially in the same condition for several weeks previous to March 2d. The newly fallen snow had been cleared from the walk in part, but snow enough remained or fell after the cleaning to hide the ice. The plaintiff testified that she noticed the roughness in the walk, and tried to be careful, but did not see the ice until her elbow, upon which she fell, brushed the snow from it. The inequality in the walks made the ice the more dangerous,—a danger which was increased by the thin layer of freshly fallen snow which concealed it. It is not a case of uncertainty between two proximate causes, for one of which the city would be liable and not liable for the other; but it is a case where three causes concur, namely, the bad sidewalk, the snow, and the ice; and, as we should hold after verdict, without the bad walk the injury would not have happened. It is plain that each cause made the other worse. The real, proximate cause, however, was the bad sidewalk, which, as should have been foreseen, had become more dangerous by its covering of ice, and still more dangerous by the light snow hiding the ice. It is unlike Taylor v. City of Yonkers, 105 N. Y. 202, 11 N. E. 642, in that here the condition of the permanent walk was the proximate cause, or one of the concurring proximate causes. We think the case was one for the jury.

Judgment and order affirmed, with costs. All concur.
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PERIOD ENDED SEPTEMBER 30, 1999 TO REFLECT THE RECLASSIFICATION OF SYBRON DENTAL
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