NAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al and 10 other new FOIA lawsuits

We have added 117 documents from 10 FOIA cases filed between May 13, 2018 and May 19, 2018. 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. NAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al (filed May 16, 2018)
   The NAACP Legal Defense and Educational Fund submitted a FOIA request to the Department of Justice’s Office of Community-Oriented Policing Services for five categories of records concerning the collaborative reform assessment for the North Charleston Police Department. The agency acknowledged receipt of the request. It disclosed 58 documents responsive to two categories of the NAACP’s request. Its final response provided three additional pages, but told the NAACP that it was withholding 331 pages under Exemption 5 (privileges). The NAACP filed an administrative appeal to the Office of Information Policy. OIP acknowledged receipt of the appeal, but after hearing nothing further the NAACP Legal Defense & Educational Fund filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MALONE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 15, 2018)
   Patrick Malone, an attorney representing the parents of Sang Park, who was struck and killed by an automobile while crossing the street on the NIH Campus, submitted a FOIA request to the Department of Health and Human Services for records concerning the accident. The agency told Malone that the identity of the driver was protected by Exemption 6 (invasion of privacy). Malone argued that the privacy exemption did not apply to the identity of the driver, but after hearing nothing further from the agency, Malone filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Natural Resources Defense Council v. Office of Management and Budget (filed May 15, 2018)
   The Natural Resources Defense Council submitted a FOIA request to OMB for records concerning attendees at meetings discussing energy and environmental policy issues. NRDC also requested a fee waiver. OMB acknowledged receipt of the request, but after hearing nothing further from the agency, NRDC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. New York Immigration Coalition v. United States Immigration and Customs Enforcement et al (filed May 16, 2018)
   The New York Immigration Coalition submitted FOIA requests to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection for records concerning Operation Matador, a program designed to combat gangs. The agency’s acknowledged receipt of the requests. ICE denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). The NYIC filed an administrative appeal of the ICE denial. The agency upheld its denial on appeal. CBP told NYIC that it did not have any records on Operation Matador, which was being run by ICE. The agency ultimately conducted a search but only produced 10 heavily redacted pages. NYIC then filed suit against both agencies.
   Issues: Litigation – Attorney’s fees
5. Shropshire v. United States of America (filed May 17, 2018)
   Antonio Schropshire, a prisoner, submitted a FOIA request to the Department of Justice for concerning an affidavit submitted by law enforcement agents involved in his case. After hearing nothing further, Schropshire filed suit.
   Issues: Failure to respond within statutory time limit
6. LATHAM & WATKINS LLP v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 18, 2018)
   The law firm of Latham & Watkins submitted 13 FOIA requests to the Department of Health and Human Services for records from the National Cancer Institute. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Latham & Watkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. LATHAM & WATKINS LLP v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 18, 2018)
   The law firm of Latham & Wilkins submitted four FOIA requests to the Department of Health and Human Services for records from the National Institute of Environmental Health Sciences. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Latham & Watkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF ENERGY et al (filed May 18, 2018)
   The Center for Public Integrity submitted a FOIA request to the Department of Energy for records prepared by the national laboratories for consideration in the upcoming Nuclear Posture Review. The agency acknowledged receipt of the request and told CPI that it was withholding 17 documents under Exemption 5 (privileges). The agency also told CPI that it had referred 250 pages to the Department of State for their determination. After hearing nothing further from either agency, CPI sued both agencies.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. WITTES et al v. U.S. FEDERAL BUREAU OF INVESTIGATION (filed May 18, 2018)
   Benjamin Wittes and Scott Anderson, editors of Lawfare, submitted a FOIA request to the FBI for records concerning the 2018 FBI Office and Headquarters Climate Survey. Wittes and Anderson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Wittes and Anderson that their fee waiver request was under review. The agency subsequently told Wittes and Anderson that their request qualified for the unusual circumstances exception. After hearing nothing further from the agency, Wittes and Anderson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department of Education (filed May 18, 2018)
    The NAACP Legal Defense & Educational Fund submitted FOIA requests to the Department of Education’s Office for Civil Right for records concerning its policies. The agency acknowledged receipt of the request. The NAACP had a number of discussions with the agency concerning the parameters of the search. The agency indicated that its preliminary search had located more than 10,000 potentially responsive emails. After hearing nothing further pertaining to the status of its requests, the NAACP Legal Defense & Educational Fund filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF STATE et al (filed May 8, 2018)