NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HOMELAND SECURITY and 12 other new FOIA lawsuits

We have added 73 documents from 11 FOIA cases filed between August 30, 2020 and September 5, 2020. 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. NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Sep 3, 2020)
   National Public Radio reporter Tom Dreisbach submitted a FOIA request to the Department of Homeland Security for records concerning inspection and investigative reports prepared by the Office of Civil Rights and Civil Liberties pertaining to the examination of immigration detention facilities operated under the auspices of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the request. Although the agency had identified 1.076 responsive pages, it withheld them entirely under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). NPR filed an administrative appeal of the denial. The agency told NPR that it was remanding the case back to CRCL to consider whether non-segregable information withheld under Exemption 5 could be disclosed. After the agency failed to respond to the remand after 30 days, the appellate authority told NPR that it could consider the action final and filed suit. NPR then filed suit.
   Issues: Litigation – Attorney’s fees, Segregability – Disclosure of all non-exempt records
2. Buff v. United States of America et al (filed Sep 3, 2020)
   Carolyn Buff, a U.S. citizen living abroad since 1994, requested her tax files through her attorney. The agency acknowledged receipt of the request and indicated that it was processing her request. However, after hearing nothing further from the agency, Ball filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Harold Pick v. Motorola Solutions, Inc. et al (filed Sep 1, 2020)
   Harold Pick, who was investigated by the FBI and prosecuted by the U.S. Attorney’s Office in a case involving Motorola, submitted FOIA requests to the FBI and the Executive Office of U.S. Attorneys for records concerning their investigation and prosecution of him. Both agencies acknowledged receipt of the requests. EOUSA denied the request, citing Exemption 7(C) (invasion of privacy concerning law enforcement records). The FBI told Pick that it found no records on him. Pick filed administrative appeals of both decisions. The Office of Information Policy remanded his request to EOUSA for processing but did not address the FBI appeal. Pick then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. CAPPY v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Sep 1, 2020)
   Christopher Cappy submitted a FOIA request to the Department of Veterans Affairs for records concerning himself needed for his administrative appeal of VA benefits. The agency acknowledged receipt of the request. The agency provided some records. Cappy filed an administrative appeal of the agency’s partial denial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cappy filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. McCall v. Flagship Credit Acceptance (filed Sep 1, 2020)
   Shani Adia McCall filed suit against Flagship Credit Acceptance alleging violations of the Consumer Credit Protection and Fair Debt Collection Practices Act. This is not a FOIA claim.
   Issues: FOIA not mentioned
6. Kinnucan v. National Security Agency et al (filed Sep 1, 2020)
   Michelle Kinnucan submitted FOIA requests to the National Security Agency, the CIA, and the Defense Intelligence Agency for records concerning the 1967 attack on the U.S. Liberty by Israeli air and naval forces. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Kinnucan filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Sep 2, 2020)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning a 2009 incident in which a Secret Service agent allegedly tried to strike then Vice President Joe Biden during a photo opportunity. The agency acknowledged receipt of the request. The agency denied the request because any responsive 2009 records would have been destroyed. Judicial Watch filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. IMMIGRANT INVESTORS ASSOCIATION, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al (filed Sep 3, 2020)
   Immigrant Investors Association submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the development and implementation of guidance relating to immigrant investors (EB-5) in connection with the June 2017 release of the USCIS Policy Manual. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Immigrant Investors Association filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. GRANDPRE v. WILKIE et al (filed Sep 3, 2020)
   Louis Edward Grandpre submitted a FOIA request to the Department of Veterans Affairs for records concerning his claim files. The agency acknowledged receipt of the request but after hearing nothing further from the agency Grandpre filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
10. Johnson v. Wilkie et al (filed Sep 3, 2020)
    Dennis Craig Johnson submitted a FOIA request to the Department of Veterans Affairs for records concerning his claims file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Johnson filed suit.
    Issues: Failure to respond within statutory time limit
11. MUCKROCK, LLC v. CENTRAL INTELLIGENCE AGENCY (filed Sep 4, 2020)
    MuckRock submitted six FOIA requests to the CIA for records concerning regulatory issuances. The agency acknowledged receipts of the requests but after hearing nothing further from the agency pertaining to any of its six requests, MuckRock filed suit.
    Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Aug 28, 2020)
• DOE v. BENOIT et al (filed Aug 24, 2020)