114 new FOIA court documents, plus case descriptions

We have added 114 documents from 19 FOIA cases filed between July 13, 2014 and July 26, 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. BOYLE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 14, 2014)
   James Boyle, a federal prisoner, submitted FOIA requests to the Department of Justice and several FBI field offices concerning the FBI’s investigation of Boyle. Although the FBI provided a CD with several documents, Boyle believed the documents were not responsive to his request and that the agency had failed to justify various exemption claims. After appealing to the Office of Information Policy, Boyle eventually filed suit.
   Issues: in camera review of exemption claims, disclosure of all non-exempt records, production of Vaughn index
2. Reaves v. Jewell (filed Jul 14, 2014)
   Osborne Mark Reaves, a police officer with the U.S. Park Police, submitted two FOIA requests to the National Park Service for two administrative complaint files. The Park Police provided Reaves with one file, apparently because it involved him, but told him that he was entitled to the file as an employee, but not under the FOIA. After the agency failed to respond further to his FOIA requests, Reaves filed suit.
   Issues: disclosure of all responsive records, expedited proceedings, attorney’s fees
3. AHN v. UNITED STATES NAVY (filed Jul 15, 2014)
   On behalf of Soo-Myung (Sam) Ahn, the law firm of Reed Smith submitted a FOIA request to the Department of the Navy concerning the sinking of the South Korean corvette Cheonan in 2011. The agency told Ahn that there were 3,000 pages of relevant documents, but disclosed only 27 pages that were in the public domain. Ahn eventually filed suit.
   Issues: disclosure of all remaining documents, expeditious release of records, attorney’s fees
4. Meader v. United States Bureau of Land Management et al (filed Jul 16, 2014)
   Norman Meader submitted a FOIA request to the Bureau of Land Management for records regarding agency recommendations for routing of the SunZia transmission line. The agency acknowledged receipt of the request, but told Meader that the subject matter was too broad. He narrowed the scope of the request to what recommendations each field office gave to the director. The agency indicated that because of the large number of responsive records, it would require Meader to pay $250 to cover expected costs. Meader agreed to pay the $250. However, the agency released only 20 pages, claiming those were the pages that most closely matched his criteria, and assessed $210 in search fees. Meader requested a fee waiver, which was denied by the Arizona office. His subsequent appeal to the Interior Department remained unanswered at the time of his suit. Meader then filed a FOIA request for all records the agency had reviewed as potentially responsive to his original request but had not disclosed. The agency responded that 1,321 pages would be made available if Meader paid $183 in duplication fees. Meader paid the fee under protest, but the agency still had not provided the records by the time Meader filed suit.
   Issues: declare search and duplication fees improper, order agency to reimburse fees, disclosure of all responsive records, attorney’s fees
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FOREST SERVICE (filed Jul 16, 2014)
   PEER submitted a FOIA request to the U.S. Forest Service for records concerning the agency’s Law Enforcement & Investigations’ purchase and use of new computer devices, including Toughbook laptops and tablets. The agency told PEER that it found no documents responsive to several subparts of PEER’s request and withheld the responses in an 11-page survey under Exemption 5 (privileges). PEER appealed the denial under Exemption 5 and questioned the agency’s inability to find records responsive to most subparts of its request. After hearing nothing further from the agency, PEER filed suit.
   Issues: improper withholding, disclosure of all responsive records, attorney’s fees
6. PAVEMENT COATINGS TECHNOLOGY COUNCIL v. UNITED STATES GEOLOGICAL SURVEY (filed Jul 16, 2014)
   Leonard Kurfirst, an attorney working on behalf of the Pavements Coating Technology Council, made a FOIA request to the U.S. Geological Survey in 2011 for records concerning tar sealants. In June 2014, Kurfirst assigned all rights in his FOIA request to PCTC. Before processing Kurfirst’s request, the agency required $28,000 in fees to cover costs. Kurfirst’s law firm initially paid the fees but was subsequently reimbursed by PCTC. Over a period of three years, USGS released various batches of documents, some of which contained records it withheld under Exemption 5 (privileges). Other records were withheld under Exemption 6 (invasion of privacy). Although PCTC filed four separate appeals, the agency failed to respond to any of them. PCTC also alleged the agency had not provided other documents responsive to its request. After Kurfirst assigned his rights in the FOIA request to PCTC, the organization filed suit.
   Issues: improper withholding, disclosure of all responsive records without fees, order reimbursement for costs of four answered appeals, attorney’s fees
7. Lodge v. Gibson (filed Jul 16, 2014)
   Louis Lodge, a veteran, submitted a request to the Atlanta Veterans Affairs Medical Center for a 2011 report by an orthopedic specialist at the medical center that resulted in a 70 percent rating for Lodge’s disability. When Lodge applied for disability benefits, he alleged the VA falsified his medical condition to classify him at a lower disability rating of 40 percent. Lodge also alleged the report was destroyed by the VA. After the agency failed to respond to his request, Lodge filed suit.
   Issues: disclosure of all responsive records, expeditious proceedings, costs, restore disability rating, refer VA behavior to FBI for investigation, order agency to stop improperly destroying veterans’ records
8. B & P Company, Inc. v. Internal Revenue Service (filed Jul 16, 2014)
   B&P Company submitted a FOIA request to the IRS for all Revenue Agent Reports related to B&P from 1990 through 2013. The agency told B&P that it had located 41 responsive pages but was withholding them entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). B&P appealed the denial, which was upheld on appeal. James Wright submitted a FOIA request to the IRS for records related to the agency’s claim that Wright owed $505,000 in restitution. The agency denied Wright’s request based on Exemption 5 (privileges), Exemption 3 (other statutes), and Exemption 7(A). Wright appealed the agency’s denial, which was upheld on appeal. B&P Company and Wright then filed suit.
   Issues: disclosure of all responsive documents, attorney’s fees
9. ELECTRONIC PRIVACY INFORMATION CENTER v. CUSTOMS AND BORDER PROTECTION (filed Jul 18, 2014)
   EPIC submitted a FOIA request to Customs and Border Protection for records concerning the agency’s Analytical Framework for Intelligence. EPIC also requested a fee waiver and inclusion in the media fee category. After hearing nothing further from the agency, EPIC filed suit.
   Issues: prompt disclosure of responsive records, production of Vaughn index, attorney’s fees
10. ARROWGARP v. DEPARTMENT OF JUSTICE et al (filed Jul 18, 2014)
    Tommy Arrowgarp, a federal prisoner, submitted a FOIA request to the FBI, EOUSA, and the Department of Justice for all records concerning himself. After the agency and its components failed to respond to his request, Arrowgarp filed suit.
    Issues: disclosure of all responsive records, costs
11. St-Hilaire v. United States Department of State (filed Jul 18, 2014)
    Mareus St. Hilaire, a federal prisoner, submitted a FOIA request to Immigration and Customs Enforcement for records concerning his application for a tourist visa from the U.S. Embassy in Haiti. The agency told St. Hilaire that his visa application was maintained by the Department of State. St. Hilaire then sent a request to State for his visa application records. St. Hilaire was told to provide personal authentication, which he did, but after hearing nothing further concerning the processing of his request, he filed suit.
    Issues: immediate processing of request, disclosure of responsive records, attorney’s fees
12. JUDICIAL WATCH, INC. v. US DEPARTMENT OF HOMELAND SECURITY (filed Jul 21, 2014)
    Judicial Watch submitted a FOIA request to Immigration and Customs Enforcement for communications between the Principal Deputy Assistant Secretary of Immigration and Customs Enforcement between May 1-May 15 regarding a report published by the Center for Immigration Studies pertaining to the release of 36,000 criminal aliens. The agency acknowledged the request and invoked a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees
13. JORDAN v. DEPARTMENT OF JUSTICE (filed Jul 21, 2014)
    Gigi Jordan, currently awaiting trial for second-degree murder in New York for the death of her son, submitted a request to the FBI for all records concerning an alleged investigation of the extent to which her son may have been abused. Jordan asked for expedited processing of her request. After the agency failed to make a determination on her expedited processing request, Jordan filed suit.
    Issues: declare plaintiff is entitled to expedited processing, order agency to process request expeditiously, attorney’s fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jul 21, 2014)
    Judicial Watch submitted a FOIA request to the Department of Justice for records of communications between the Public Integrity Section and either White House staff or the IRS concerning 501(c)(4) or other tax exempt organizations. After the agency failed to respond to the request before the statutory time limit, Judicial Watch filed suit.
    Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees
15. JUDICIAL WATCH, INC. v. DEPARTMENT OF STATE (filed Jul 21, 2014)
    Judicial Watch submitted a FOIA request to the Department of State concerning records related to the talking points used by U.N. Ambassador Susan Rice to discuss the attack on the U.S. compound in Benghazi. The agency acknowledged receipt of the request, but after hearing nothing further before the statutory time limit, Judicial Watch filed suit.
    Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees
16. Wessler v. United States Department of Justice et al (filed Jul 23, 2014)
    Seth Wessler, a journalist currently serving as a visiting scholar at New York University, submitted several FOIA requests to the Bureau of Prisons for records concerning the number of criminal aliens held at privately-managed secure prison facilities. He also requested expedited processing, a fee waiver, and inclusion in the media fee category. The agency denied his requests for expedited processing and a fee waiver, telling Wessler he had failed to show a compelling need for the information or that the information would significantly contribute to public understanding of the incarceration of criminal aliens. Wessler appealed the denial to the Office of Information Policy, which told Wessler that his fee waiver request had been remanded to BOP and he would hear directly from BOP. After hearing nothing further, Wessler filed suit.
    Issues: grant expedited processing, disclosure of all responsive records without processing fees, attorney’s fees
17. 100REPORTERS LLC v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 24, 2014)
    100Reporters, LLC, a non-profit media organization focusing on investigating foreign and domestic corruption, submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning the prosecution of Siemens under the Foreign Corrupt Practices Act. The Criminal Division denied the request entirely, citing Exemption 7(A) (interference with ongoing investigation or proceeding). 100Reporters appealed the denial, which was upheld by the agency. 100Reporters then filed suit.
    Issues: disclosure of all responsive records, expeditious proceedings, set schedule for release of records, attorney’s fees
18. Harper v. Department of the Army Huntington District, Corps of Engineers (filed Jul 25, 2014)
    Leatra Harper, a citizen advocate working with the Fresh Water Accountability Project, submitted a FOIA request to the Huntington District Office of the U.S. Army Corps of Engineers for records concerning the agency’s involvement in leasing mineral rights to the Muskingham Watershed Conservancy District for use in fracking operations. The agency told Harper that it was withholding the majority of the 200 responsive pages under Exemption 5 (privileges). Harper appealed the agency’s decision, which was upheld. She then filed suit.
    Issues: disclosure of responsive records, expedited proceedings, attorney’s fees
19. Logan & Lowry, LLP v. United States Department of Interior et al (filed Jul 25, 2014)
    The law firm of Logan & Lowry submitted three FOIA requests to the Office of the Inspector General at the Department of the Interior for a final inspection report, and records pertaining to the investigation of two employees of the Oklahoma Department of Mines and one employee of the Office of Surface Mining. After hearing nothing from the agency, the law firm filed suit.
    Issues: improper withholding, disclosure of responsive records, attorney’s fees