14 new FOIA court documents, plus case descriptions

We have added 14 documents from 4 FOIA cases filed between August 24, 2014 and August 30, 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. Henry Provost v. City of Sanger (filed Aug 26, 2014)
   Henry Provost submitted a request to the City of Sanger for clarification of the meaning of a sentence in the “Measure S” ordinance. The “Measure S” ordinance restricts the City of Sanger from using any tax revenues raised by Measure S to pay salaries or overhead expenses for the police or fire departments; such revenues must be spent solely on public safety projects. The City did not respond to Provost’s request and he filed suit in federal court. This is not a FOIA case because the federal FOIA applies only to federal agencies, not state or local agencies. Sanger may have a cause of action in state court under the California Public Records Act, but not in federal court under FOIA.
   Issues: disclosure of records
2. Martinez v. United States Department of Justice Central Intelligence Agency (filed Aug 26, 2014)
   Ricardo Oscar Martinez submitted a number of FOIA requests to federal agencies concerning his belief that he was the subject of government surveillance and a victim of an Argentinean espionage operation. Unsatisfied with the agencies’ apparent inability to find any responsive records, Martinez filed suit.
   Issues: disclosure of any relevant records
3. Reedom v. Colvin et al (filed Aug 28, 2014)
   James Patrick Reedom submitted FOIA requests to the Social Security Administration and the IRS. The Social Security Administration did not respond. The IRS provided some records but withheld others under Exemption 4 (confidential business information). The IRS denied Reedom’s appeal. He then filed suit. Because he lived in Texas, the case was transferred from the Southern District of New York, where it was originally filed, to the Northern District of Texas.
   Issues: disclosure of records, expeditious proceedings
4. Beam v. Internal Revenue Service (filed Aug 29, 2014)
   Troy Beam made several FOIA requests to the IRS for records pertaining to any actions taken by a Special Agent regarding his taxes. The agency responded that it had located 41 boxes of potentially responsive records but that all of them were being withheld under Exemption 3 (other statutes) because they were protected by Federal Rule 6(e) on grand jury secrecy. Another 281 pages were withheld under Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Beam appealed and his appeal was declined for lack of jurisdiction. Beam then filed suit.
   Issues: disclosure of all records, attorney’s fees