Politico, the Wall Street Journal and the Tulsa World (Tulsa World is the requester in the case) all have more on the 10th Circuit's decision that the US Marshals Service doesn't have to release mug shots.
I think the key is the issue of whether or not there is a privacy interest in the mug shots and just how big it is. The Sixth Circuit says there is no privacy interest, the Tenth and Eleventh say there is. Tulsa World argued that since many states, including Oklahoma, released mug shots they should be released at the federal level -- I believe this could be taken one step farther. Since many states (and the Sixth Circuit) release mug shot photos, there is no expectation of privacy when they are taken. A mug shot photo taken outside of the Sixth Circuit could be released via FOIA if that photo is requested by someone with possible jurisdiction in the Sixth Circuit.
There are still a number of Circuits that have not ruled on the mug shot photos, so the issue is alive and well
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