33 new FOIA court documents, plus case descriptions

We have added 33 documents from 8 FOIA cases filed between April 27, 2014 and May 3, 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.

1. Arizona Civil Liberties Union et al v. United States Department of Homeland Security (filed Apr 28, 2014)
   The ACLU Foundation of Arizona submitted two FOIA requests to U.S. Border Patrol for records concerning the agency’s interior enforcement operations in the Tucson and Yuma Sectors. The ACLU requested expedited processing. After hearing nothing further from the agency, the ACLU appealed. Are still hearing nothing from the agency, the ACLU filed suit.
   Issues: conduct adequate search, disclosure all records, enjoin agency from charging fees, attorney’s fees
2. Rozema v. U.S. Department of Health and Human Services et al (filed Apr 28, 2014)
   Kyle Thomas Rozema submitted an email request to the Food and Drug Administration for the quantities of menthol in tobacco products by brand. The agency denied Rozema’s request based on Exemption 4 (confidential business information). Rozema appealed and the agency upheld its initial decision. Rozema then filed suit.
   Issues: improper withholding, disclosure of all records, expeditious proceedings, attorney’s fees
3. Lopez v. Colvin, et al. (filed Apr 29, 2014)
   Helen Laura Lopez, an attorney representing individuals in Social Security disability claims, submitted a FOIA request to the Social Security Administration for all records concerning the transfer of her cases from Albuquerque to Tulsa or another location. The agency acknowledged receipt of her request. After the agency failed to respond within the statutory time limits, Lopez contacted the agency and was told it did not accept appeals based on delay and that she could file suit in district court. After hearing nothing further from the agency, Lopez filed suit.
   Issues: improper withholding, disclosure of all records, attorney’s fees
4. National Wildlife Federation v. United States Department of State (filed Apr 30, 2014)
   The National Wildlife Federation submitted a FOIA request to the State Department for records concerning its role in granting, amending or modifying Presidential Permits pertaining to the Portland-Montreal pipeline. The agency acknowledged receipt of the request, but after months of unsuccessful back and forth communications trying to establish when the NWF might expect a response to its request, NWF finally filed suit.
   Issues: disclosure of all records, improper withholding, failure to inform plaintiff the date on which the request was received, arbitrary and capricious behavior, attorney’s fees
5. ELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE (filed May 1, 2014)
   The Electronic Frontier Foundation submitted four FOIA requests to the Justice Department for opinions of the Foreign Intelligence Surveillance Court. EFF also requested expedited processing and a fee waiver. The agency granted expedited processing for all four requests, but after no documents were disclosed, EFF filed suit.
   Issues: immediate processing of requests, disclosure of all records, fee waiver, expedited proceedings, attorney’s fees
6. Pickering v. U.S. Department of Justice (filed May 1, 2014)
   Leslie James Pickering, a bookstore owner in Buffalo, submitted a FOIA request to the FBI. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Pickering filed an appeal with the Office of Information Policy. OIP declined to hear the appeal until the FBI had processed the request. Pickering sent another FOIA request to the Bureau of Alcohol, Tobacco and Firearms. ATF responded to his request by denying access to the records under Exemption 7(A) (interference with ongoing investigation or proceeding). Pickering appealed and OIP upheld the agency’s denial. Pickering then filed suit.
   Issues: disclosure of all records, expeditious proceedings, attorney’s fees
7. Leslie v. US. Department of the Interior (filed May 2, 2014)
   John Daniel Leslie, a National Park Service employee who was injured in an accident at the Gateway Arch in St. Louis, filed a suit in state court against two entities responsible for the maintenance and repair of the Archway tram. Leslie submitted a FOIA request to the National Park Service for records pertaining to the investigation of his accident as well as related worker compensation records. The agency acknowledged receipt of the request and identified an estimated date of completion. However, after hearing nothing further from the agency, Leslie filed suit.
   Issues: immediate disclosure of all records, expeditious proceedings, attorney’s fees
8. Engman v. Veterans' Administration Portland Medical Center (filed May 2, 2014)
   Tad Kenneth Linneau Engman asked the Veterans Administration to correct the way his name appeared after the agency allegedly improperly changed his name on his medical records. After the agency failed to respond to his Privacy Act request for correction, Engman filed suit.
   Issues: correction of records where his name was changed, $1000 statutory damages