Francis et al v. US Department of Justice and 9 other new FOIA lawsuits, plus case descriptions

We have added 67 documents from 9 FOIA cases filed between August 18, 2019 and August 24, 2019. 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. Francis et al v. US Department of Justice (filed Aug 21, 2019)
   Megan Ming Francis, an associate professor of political science at the University of Washington, along with other professors, submitted a FOIA request to the Department of Justice for all formal written Office of Legal Counsel opinions prior to February 1994. Francis and her colleagues also requested a fee waiver. The agency acknowledged receipt of the request. OLC told the requesters that the request potentially encompassed thousands of pages and indicated that the request would be put in the complex track for processing. The requesters suggested that OLC review a representative sampling as a way to narrow the number of pages. However, after hearing nothing further from the agency, the Knight First Amendment Institute and the Campaign for Accountability filed suit on behalf of Francis and her colleagues.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. SOUTHERN POVERTY LAW CENTER et al v. INTERNAL REVENUE SERVICE (filed Aug 19, 2019)
   The Southern Poverty Law Center submitted a FOIA request to the IRS for records concerning a 2018 IRS raid on a the Southeastern Provision plant in Bean Station, TN, resulting in more than 100 Latino workers being arrested and held without probable cause. SPLC told the agency that it was not requesting any tax return information. SPLC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied the request, claiming it contained tax return information protected by Section 6103. SPLC filed an administrative appeal, but after hearing nothing further from the agency, SPLC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. WESTERN VALUES PROJECT v. U.S. DEPARTMENT OF THE INTERIOR (filed Aug 21, 2019)
   Western Values Project submitted a FOIA request to the Department of the Interior for records concerning communications between Secretary David Bernhardt and a number of outside companies, individuals, or organizations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Western Values Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR BIOLOGICAL DIVERSITY v. BUREAU OF LAND MANAGEMENT (filed Aug 21, 2019)
   The Center for Biological Diversity submitted a FOIA request to the Bureau of Land Management for records concerning GIS data, including metadata, relating to onshore federal oil and gas. The agency acknowledged receipt of the request and eventually told CBD that all the data was available online. CBD filed an administrative appeal but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC. v. OFFICE OF MANAGEMENT AND BUDGET (filed Aug 22, 2019)
   Associated General Contractors, a trade association of construction companies, submitted a FOIA request to OMB for records concerning the use of project labor agreements under a 2010 executive order. AGC also requested expedited processing, indicating that they disseminated information to the public. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AGC filed an administrative appeal. However, after hearing nothing further from the agency AGC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. MARTINEZ v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 22, 2019)
   Freddy Martinez, a journalist, submitted a FOIA request to the FBI for records concerning the shooting of teenager Laquan McDonald by Chicago Police Officer Jason Van Dyke. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Martinez filed an administrative appeal. The agency denied his appeal. Martinez then filed suit.
   Issues: Litigation – Attorney’s fees
7. Jadhav v. National Institutes of Health (filed Aug 22, 2019)
   Ajit Jadhav, a former scientist at the National Institute of Health, submitted a FOIA request to the agency for records concerning the activities of the agency’s National Center for Advancing Transactional Sciences. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jadhav filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Diocesan Migrant & Refugee Services, Inc. v. U.S. Immigration and Customs Enforcement (filed Aug 22, 2019)
   Diocesan Migrant & Refugee Services, a non-profit organization working with migrants in El Paso, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies under the Migrant Protection Protocols applicable to access to counsel DMRS also requested expedited processing. After hearing nothing further from the agency, DMRS filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. GIACCHINO v. DEPARTMENT OF JUSTICE (filed Aug 23, 2019)
   Anthony Giacchino submitted a FOIA request to the Department of Justice for records concerning video or film footage recorded by the FBI at the Fresh Kills Recovery Site on Staten Island after the September 11, 2001 terrorist attacks. The agency acknowledged receipt of the request. The agency provided Giacchino a DVD with redactions made under Exemption 7(C) (invasion of privacy concerning law enforcement records). Giacchino filed an administrative appeal of the agency’s response. The agency upheld its original denial. Giacchino then filed suit.
   Issues: Litigation – Attorney’s fees

In addition, we have added 4 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• MISCHLER v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Aug 12, 2019)
  Amy Mischler, who alleged she had been wrongly accused of child abuse by the Commonwealth of Kentucky, submitted a FOIA request for records concerning her situation. The agency acknowledged receipt of the request but told Mischler that it found no responsive records. Mischler filed an administrative appeal of the no records decision. After hearing nothing further from the agency pertaining to her request, Mischler filed suit.
  Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Recovery of Costs