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Can a judge dismiss a claim in civil suit and Court of Appeals affirm without any analysis?

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I filed a civil suit against federal officials in their individual capacities for a constitutional tort under Bivens. I filed several other claims as well including a freedom of information act or privacy act claim when the agency refused my request and appeal for information under a law enforcement and personal privacy exclusion. The judge dismissed the suit in its entirety without saying a word about the FOIA/PA claim. The appeals court affirmed without saying a word about the claim. I also requested declaratory relief and neither the district court nor the Court of Appeals mentioned a word about it. Is this an abuse of discretion for which I can appeal to the court en banc or to the US Supreme Court?

3 Attorney Answers

Best Answer
Yes, the Court of Appeals is not required to write an opinion, although they often or usually do. And no, it is not an abuse of discretion not to write an opinion.
Best Answer
It would not be an abuse of discretion for the Court to to write an opinion - they can merely enter a summary order if they see no reason to write an opinion. You could seek en banc review and/or petition for cert., but it would be a utter waste of your (and the courts') time - there is no likelihood either would be granted. .
Best Answer
In most jurisdictions (and I am not admitted in yours), an appellate court has the right to write or not write an opinion. It obviously takes more judicial time to write an opinion than to say "affirmed"; it is also true that certain cases simply do not raise legal issues that need to be discussed.

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