MATTACHINE SOCIETY OF WASHINGTON, D.C. v. UNITED STATES DEPARTMENT OF JUSTICE and 10 other new FOIA lawsuits

We have added 80 documents from 11 FOIA cases filed between April 24, 2016 and April 30, 2016. 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.

1. MATTACHINE SOCIETY OF WASHINGTON, D.C. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Apr 27, 2016)
   The Mattachine Society of Washington, D.C., a research and educational society working to uncover documentation of political persecution of the LGBT community, submitted a FOIA request to the FBI for records concerning E.O. 10450, an executive order issued during the Eisenhower administration allowing agencies to persecute individuals because of their sexual orientation based on national security claims, from 1950-1990. After more than six years without a response, the FBI disclosed 253 pages, withholding records under Exemption 3 (other statutes) and Exemption 7(D) (confidential sources). The National Security Division disclosed 45 pages. The FBI then disclosed another 254 pages, claiming the same exemptions as well as Exemption 1 (national security) and Exemption 5 (privileges). The Mattachine Society appealed to the Office of Information Policy, which upheld the denials. The Mattachine Society then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
2. GABOR v. UNITED STATES OF AMERICA (filed Apr 27, 2016)
   Michael Gabor, a federal prisoner, submitted a FOIA request to the FBI for records concerning the investigation of his case. The FBI denied Gabor’s request under Exemption 7(A) (ongoing investigation or proceeding). Gabor appealed the denial to OIP, arguing that all proceedings related to his case had been concluded. OIP upheld the FBI’s denial. Gabor then filed suit.
   Issues: Litigation – Recovery of Costs
3. Mike Ireland v. Internal Revenue Service (filed Apr 26, 2016)
   Mike Ireland submitted a FOIA request to the IRS for records concerning his tax liability. The agency provided some records, but withheld 17 pages in full and 87 pages in part. Ireland filed an administrative appeal of the agency’s denial, which was upheld. Ireland then filed suit.
   Issues: Litigation – Attorney’s fees
4. El Khader v. Johnson et al (filed Apr 26, 2016)
   Hani Hassan Ahmad El Khader, a Jordanian citizen currently residing in Saudi Arabia, submitted a FOIA request to the Department of Homeland Security for a copy of his Alien File. U.S. Citizenship and Immigration Services located 812 pages, released 644 pages entirely and 66 pages in part, withheld 60 pages, and referred 10 pages to the Department of State and 32 pages to U.S. Immigration and Customs Enforcement. El Khader appealed CIS’s denial and the agency disclosed an additional 21 pages in part. After hearing nothing further from the agency about the referred documents, El Khader filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. The New York Times Company v. Central Intelligence Agency (filed Apr 26, 2016)
   The New York Times submitted a FOIA request to the CIA for records concerning the use of chemical weapons in Iraq. The CIA issued a Glomar response neither confirming nor denying the existence of records. The New York Times appealed the decision, which was upheld. The New York Times then filed suit.
   Issues: Determination – Glomar response, Litigation – Attorney’s fees
6. The Few, The Proud, The Forgotten et al v. United States Department of Veterans Affairs (filed Apr 27, 2016)
   The Few, the Proud, the Forgotten, a veterans organization focused on obtaining disability benefits for Marines stationed at Camp Lejeune who were exposed to contaminated water, and the Connecticut Council of Vietnam Veterans of America submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency’s Subject Matter Expert program pertaining to the Camp Lejeune claims. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the veterans’ organizations filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. PUBLIC CITIZEN FOUNDATION, INC. v. FOOD & DRUG ADMINISTRATION et al (filed Apr 27, 2016)
   Public Citizen submitted a FOIA request to the FDA for unredacted copies of resumes for all members of FDA advisory committees whose CVs are currently posted on the FDA’s website. Several bureaus responded to Public Citizen’s request by providing redacted records under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). Other bureaus did not respond at all. Public Citizen appealed those denials of records, but after the agency had still not responded, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. The New York Times Company v. United States Department of the Army (filed Apr 27, 2016)
   The New York Times submitted a FOIA request to the Department of the Army’s National Ground Intelligence Center for records concerning the use of chemical weapons in Iraq. The agency provided some records and withheld records under Exemption 1 (national security), Exemption 6 (invasion of privacy), and Exemption 7(E) (investigative methods and techniques). The New York Times appealed the denial, which was upheld on appeal. The New York Times then filed a second FOIA request for more detailed records concerning the use of chemical weapons in Iraq. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the New York Times filed suit, alleging the government had already confirmed much of the data in response to the Times’ articles.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Kasper v. Department of Veteran Affairs (filed Apr 27, 2016)
   Robert Kasper, a Vietnam veteran suffering from exposure to Agent Orange, submitted a FOIA request to the Department of Veterans Affairs for his claims file so that he could file a disabilities claim. The agency acknowledged receipt of the request and promised Kasper’s attorney that it would process the request, but after hearing nothing further from the agency, Kasper filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. SHERIDAN v. U.S. OFFICE OF PERSONNEL MANAGEMENT (filed Apr 29, 2016)
    Ronald Sheridan submitted a FOIA request to OPM for records concerning the Electronic Questionnaires for Investigation Processing database. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Sheridan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Donaldson v. AuSable Township (filed Apr 29, 2016)
    Mark Donaldson filed suit against Au Sable Township for allegedly violating the Michigan Freedom of Information Act. Apparently dissatisfied with the state court action, Donaldson filed suit in federal court claiming there was a constitutional issue involved. He does not allege a claim under the federal FOIA. As a result, this is not a FOIA case.
    Issues: FOIA not mentioned