140 new FOIA court documents, plus case descriptions
We have added 137 documents from 25 FOIA cases filed between October 19, 2014 and November 1, 2014. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.
Click on a case title below to view details for that case, including links to the associated docket and complaint documents.
- Polk v. Federal Bureau of Investigation (filed Oct 20, 2014)
Susan Mae Polk submitted several FOIA requests to the FBI for records concerning the agency’s apparent investigation of Polk, who was convicted in state court for murdering her husband. Polk indicated the FBI files would help her appeal her conviction. When the FBI did not respond, Polk filed suit.
Issues: Failure to respond within statutory time limit - Blanco et al v. Kerry et al (filed Oct 20, 2014)
Jose Blanco, father of Sonia Blanco, filed an immigrant relative petition on her behalf, which was approved. Sonia Blanco was then interviewed for a visa application at the U.S. Embassy in El Salvador. She was denied an immigrant visa for life because of an alleged false claim of U.S. citizenship. Blanco submitted a FOIA request to U.S. Citizenship and Immigration Services and her attorney reviewed her alien file and said it contained no mention of any false claim. Her attorney sent a copy of the USCIS file to the U.S. Embassy in El Salvador as proof that Sonia Blanco had not made a false claim. After hearing nothing from the Embassy, Blanco submitted a FOIA request to the State Department for its records concerning its decision that Blanco was ineligible for an immigrant visa. The agency denied the request under Exemption 3 (other statutes). Blanco appealed the denial, which was upheld. Blanco then filed suit.
Issues: Exemption 3 - LEOPOLD v. DEPARTMENT OF STATE (filed Oct 21, 2014)
Reporter Jason Leopold submitted a FOIA request to the State Department for any records indicating that any of five Guantanamo detainees were considered for release in exchange for Sgt. Bowe Bergdahl. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, denied Leopold’s request for expedited processing, and granted his request for a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - American Immigration Council et al v. United States Department of Homeland Security et al (filed Oct 21, 2014)
The American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the ACLU submitted FOIA requests to the Department of Homeland Security concerning implementation of an expedited removal process as it pertained to detainees at the Artesia Family Residential Center in New Mexico. The groups also requested expedited processing. Four DHS components denied the requests for expedited processing. After hearing nothing further concerning the request, the groups filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Thweatt v. Office of the Inspector General, Department of Defense (filed Oct 21, 2014)
Lee Thweatt submitted a FOIA request to the Office of the Inspector General at the Department of Defense for records concerning a report finding that U.S. Marine Commandant James Amos did not unlawfully influence the outcomes of certain military justice proceedings. The agency denied the request under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Thweatt appealed the decision, but after the agency failed to respond to his appeal, he filed suit.
Issues: Exemption 6 – Invasion of privacy, Exemption 7(C) – Invasion of privacy concerning law enforcement records, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Ramey v. Commissioner of Internal Revenue Service (filed Oct 21, 2014)
Ryan Ramey submitted a FOIA/PA request to the IRS for records concerning himself. He requested amendment or expungement of records under the Privacy Act. After hearing nothing from the agency, he filed suit.
Issues: Failure to respond within statutory time limit - CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Oct 22, 2014)
CREW submitted a FOIA request to the EPA for records concerning its proposal to decrease the amount of renewable fuel required to be blended into transportation fuel supplies, particularly communications from the White House and various congressional sources. CREW also asked for expedited processing and a fee waiver. The agency denied CREW’s request for expedited processing, but granted its request for a fee waiver. After an exchange of emails, CREW agreed to narrow its request and, among other things, to accept records that had been released to Reuters in response to a similar request. The agency disclosed several documents, but after hearing nothing further from the agency, CREW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Braun v. Department of Justice (filed Oct 22, 2014)
David Braun submitted a FOIA request to the Civil Division of the Department of Justice concerning his lawsuit against the government that had been dismissed. The Civil Division located the file for his case and disclosed the entire file. Braun then appealed the decision and the agency responded to his appeal by indicating that to the extent that he was asking questions about the case the agency was not obligated under FOIA to explain the records. Braun then filed suit.
Issues: Withholding not related to exemption claims - LEOPOLD v. DEPARTMENT OF STATE (filed Oct 23, 2014)
Reporter Jason Leopold submitted a FOIA request to the Department of State for records concerning the Bureau of International Narcotics and Law Enforcement Affairs Office of Aviation, known as the DOS Air Wings, from January 1980 to the present. Leopold also requested expedited processing and a fee waiver. The agency denied his request for expedited processing, but granted his request for a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit - LEOPOLD v. DEPARTMENT OF STATE (filed Oct 23, 2014)
Reporter Jason Leopold submitted a FOIA request to the Department of State for records concerning the agency’s role in trying to find countries willing to take detainees housed at Guantanamo Bay. The agency denied his request for expedited processing, but granted his request for a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD v. DEPARTMENT OF DEFENSE (filed Oct 23, 2014)
Reporter Jason Leopold submitted a FOIA request to the Department of Defense for an index of all reports prepared by the Office of Net Assessment from 2003 through 2014. The agency responded that it could find no responsive records. Leopold appealed the decision, which the agency upheld. He then submitted a request for the title page and summaries of ONA reports. Although the agency admitted ONA had made such a list previously, it indicated the previous list went beyond what ONA was obligated to do under FOIA and it no longer had the resources to conduct such a burdensome search. Leopold appealed that denial and the agency once again upheld its decision. Leopold submitted a third request for any ONA reports. The agency initially rejected the request as duplicative of his previous requests, but after Leopold indicated the third request was for the entire reports rather than summaries, the agency rejected the request as too broad. Leopold appealed that decision, which the agency upheld. He then filed suit.
Issues: Litigation – Attorney’s fees, Withholding not related to exemption claims - ANIMAL WELFARE INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Oct 23, 2014)
The Animal Welfare Institute submitted a FOIA request to the Department of Agriculture’s Food Safety Inspection Service for records concerning the poultry label claims for “free range” and “range grown” for poultry regulated by FSIS. The agency indicated the request was complex and AWI agreed to clarify the request. AWI had a number of email exchanges attempting to check the status of the request. AWI also noted that it had received responses to similarly worded requests within a reasonable period of time. After hearing nothing further on a substantive response, AWI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - THOMPSON v. UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION et al (filed Oct 23, 2014)
Brandon Thompson submitted a FOIA request to the Department of Justice for records concerning the authorization for wiretapping Thompson’s phone. The Criminal Division refused to search for records because it alleged they would be exempt under the wiretap statute. Thompson ultimately filed suit.
Issues: Exemption 3 - ELKINS v. FEDERAL AVIATION ADMINISTRATION (filed Oct 23, 2014)
David Elkins submitted several FOIA requests to the FAA concerning his allegations that the DEA was improperly conducting aerial surveillance of his home. The FAA withheld records under Exemption 7(A) (ongoing investigation or proceeding) and Elkins filed suit in U.S. District Court in Florida. Based on these more recent requests, he apparently decided to file suit in the District of Columbia.
Issues: Adequacy – Search, Exemption 7(A) - CONWAY v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT et al (filed Oct 25, 2014)
Gregory Conway submitted a FOIA request to the U.S. Agency for International Development for records concerning Marilyn Allan, a USAID nurse who was killed by Capt. Larry Peters while both were serving in Vietnam in 1967. The agency responded that it found no responsive records. Conway appealed that decision, which was upheld. Conway also submitted a FOIA request to the U.S. Army Crime Records Center for records concerning the Allan murder and Peters’ subsequent suicide. The Army Crime Records Center also responded that it found no responsive records. Conway appealed the decision, which was also upheld. Conway then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - Feliciano et al v. Environmental Protection Agency (filed Oct 27, 2014)
Jonathan Velez and Roberto Pantoja submitted a FOIA request to the EPA for records concerning the cleanup of a site in Puerto Rico owned by Battery Reycling Company (BRC). EPA disclosed several documents but withheld the majority of the records under Exemption 7(A) (ongoing investigation or proceeding). The requesters appealed the agency’s decision and the agency released several more documents. Velez and Pantoja then filed suit.
Issues: Exemption 7(A), Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Oct 28, 2014)
Judicial Watch submitted a FOIA request to the Drug Enforcement Administration for records concerning the investigation of any DEA agents involving prostitution in Colombia. The DEA denied the request under Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(A) (ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records) and (k)(2) of the Privacy Act. Judicial Watch appealed the denial to OIP, which affirmed the denial on the basis of Exemption 7(A). Judicial Watch then filed suit.
Issues: Exemption 5 – Privileges, Exemption 6 – Invasion of privacy, Exemption 7(A) – Interference with ongoing investigation, Exemption 7(C) – Invasion of privacy concerning law enforcement records, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 28, 2014)
Judicial Watch submitted a FOIA request to the Centers for Disease Control for records concerning the activation of CDC’s Emergency Operations Center in response to the influx of undocumented immigrants on the southern border. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - COMPETITIVE ENTERPRISE INSTITUTE v. OFFICE OF SCIENCE AND TECHNOLOGY POLICY (filed Oct 29, 2014)
The Competitive Enterprise Institute submitted a FOIA request to the Office of Science and Technology Policy for records concerning its decision finding that statements made by two OSTP staffers on its website were the personal opinions of the authors and not subject to amendment under the Data Quality Act. The agency indicated that it had located 11 pages and withheld parts under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). CEI appealed and the agency agreed to do another search, although a second search did not locate any other new records. CEI then filed suit.
Issues: Adequacy – Search, Exemption 5 – Privileges, Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees - WOLFMAN v. UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Oct 29, 2014)
Brian Wolfman, the former director of the Institute for Public Representation, submitted a FOIA request to the Executive Office for U.S. Attorneys for records previously requested by Anne King of IPR concerning the policy of the Office of the U.S. Attorney for the District of Columbia for seeking summary affirmance by the D.C. Circuit. After hearing nothing further from the agency, Wolfman filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Progressive Industries, Inc. v. United States Department of Veterans Affairs (filed Oct 29, 2014)
Progressive Industries submitted two FOIA requests to the Department of Veterans Affairs concerning two solicitation numbers. The agency indicated the requests were placed in the complex queue, but after unsuccessful considerable back and forth trying to determine the status of the requests, Progressive Industries filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - FREEDOM WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed Oct 30, 2014)
Freedom Watch submitted FOIA requests to the Department of State and the Department of Treasury for records concerning waivers granted to countries conducting business with Iran. Neither agency responded and Freedom Watch filed suit Sept. 4, 2013 in U.S. District Court for the Middle District of Florida. The case was transferred to the U.S. District Court for the District of Columbia on Oct. 30, 2014.
Issues: Failure to respond within statutory time limit - Citizens for a Strong New Hampshire, Inc. v. US Internal Revenue Service (filed Oct 30, 2014)
Citizens for a Strong New Hampshire submitted a FOIA request to the IRS for records of any communications from Sen. Jeanne Shaheen or Rep. Carol Shea-Porter to the IRS, particularly the tax exempt section. The IRS acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Citizens for a Strong New Hampshire filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - WILDEARTH GUARDIANS v. UNITED STATES FISH AND WILDLIFE SERVICE (filed Oct 31, 2014)
Wildearth Guardians submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s decision not to list the wolverine as an endangered species. The agency acknowledged receipt of the request and took a 10-day extension. After several exchanges back and forth concerning the request, the agency had not yet provided a response. Wildearth Guardians submitted a second FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s decision to revise the critical habitat designation for the Canada lynx. The agency acknowledged receipt of the request but Wildearth Guardians heard nothing further from the agency pertaining to its second request and filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Braun v. United States Post Office (filed Oct 31, 2014)
David Steven Braun believed his postal address showed several fictitious names. He submitted a complaint to the U.S. Postal Service and he switched his P.O. address. He submitted a FOIA request to the Postal Service for records concerning his hotline complaint. He received two pages with some redactions under Exemption 7(C) (invasion of privacy concerning law enforcement records). He ultimately filed suit, although most his claims were related to allegations that the government violated his privacy rather than pertaining to any FOIA claim.
Issues: Exemption 7(C) – Invasion of privacy concerning law enforcement records
In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.
- Williams v. U.S. Goverment et al (filed Oct 14, 2014)
Patrick Wayne Williams claimed to have submitted a FOIA request to the Department of Justice for his FBI files. Williams made a number of privacy-related allegations and when the agency failed to provide a response he filed suit. Because he had previously filed three suits in federal court that had been dismissed as frivolous, the court ordered him to pay $400 in costs by November 14, 2014 before he would be allowed to proceed. If he failed to pay costs by that date, the court indicated it would dismiss his suit without prejudice.
Issues: Failure to respond within statutory time limit
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