57 new FOIA court documents, plus case descriptions

We have added 57 documents from 10 FOIA cases filed between November 2, 2014 and November 8, 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. FIELDER v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Nov 3, 2014)
   William Fielder, a prisoner, submitted a FOIA request to the Criminal Division at the Department of Justice for records concerning wiretaps involved in his case. The agency responded that the records were protected by Exemption 3 (other statutes). Fielder appealed to the Office of Information Policy, but after hearing nothing further from the agency, he filed suit.
   Issues: Exemption 3 – Statutory prohibition of disclosure, Failure to respond within statutory time limit
2. PATINO-RESTREPO v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Nov 3, 2014)
   Carlos Arturo Patino-Restrepo, a federal prisoner, submitted FOIA requests to the Department of Justice, the Department of State, and the Department of Homeland Security for records concerning his criminal case. The Bureau of Prisons and the Department of State acknowledged receipt of his request, and State asked him to narrow the scope of his request. He did not hear anything in response to his requests to the Executive Office for U.S. Attorneys and U.S. Immigration and Customs Enforcement. After hearing nothing further from any agency concerning his request, Patino-Restrepo filed suit.
   Issues: Failure to respond within statutory time limit
3. Hugo Benjamin Osorio v. United States Customs and Border Protection (filed Nov 4, 2014)
   Hugo Benjamin Osorio, who had entered the U.S. illegally from Mexico 17 years ago and was now married to a U.S. citizen, submitted a FOIA request to U.S. Customs and Border Protection for records concerning himself. After hearing nothing further from the agency, Osorio filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JOHNSON v. UNITED STATES AIR FORCE (filed Nov 4, 2014)
   Allan Johnson submitted a FOIA request to the U.S. Air Force for records concerning the budget for air force structure data and aircraft inventory for Fiscal Year 2014. The agency denied access to the records under Exemption 5 (privileges). Johnson appealed and after hearing nothing further from the agency, Johnson filed suit.
   Issues: Exemption 5, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. AMERICAN POSTAL WORKERS UNION, AFL-CIO v. UNITED STATES POSTAL REGULATORY COMMISSION (filed Nov 4, 2014)
   The American Postal Workers Union submitted a FOIA request to the U.S. Postal Regulatory Commission for records concerning the docket numbers for any proceedings involving the Postal Service’s service agreement to provide postal products and services at Staples stores. The agency denied the request under Exemption 4 (confidential business information). The APWU appealed the decision and the agency upheld the denial on the basis of Exemption 4 and Exemption 3 (other statutes). The APWU argued that since the Postal Service had publicized its contract with Staples the existence of the agreement did not qualify for Exemption 4 protection. The APWU then filed suit.
   Issues: Exemption 3, Exemption 4 – Confidential business information, Litigation – Attorney’s fees
6. Windham v. Department of Housing and Urban Development (filed Nov 4, 2014)
   Rachel Windham submitted a FOIA request to the Department of Housing and Urban Development for records concerning foreclosure proceedings on her property located in Randolph, MA. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding) because the case was still in civil proceedings. Windham appealed, but after hearing nothing further from the agency, she filed suit.
   Issues: Failure to respond within statutory time limit
7. ELUMENUS LIGHTING CORP. INC. v. UNITED STATES FEDERAL BUREAU OF PRISONS (filed Nov 5, 2014)
   Elumenus Lighting Corp. had a contract for installation of LED bulbs at U.S. Army National Guard facilities administered under the Federal Prison Industries LED Lighting Service and Supply program. Elumenus’ contract was terminated in July 2013 and it submitted a FOIA request to the Bureau of Prisons for records concerning FPI’s administration of the program. The agency acknowledged receipt of the request and told Elumenus that it would cost $2,724 to provide the records. Elumenus paid the $2,724. After several exchanges with the agency concerning when the records would be produced, Elumenus received a new letter from BOP assigning its request a 2014 number, apparently indicating it was treating the existing request as a new request. Elumenus appealed what it regarded as BOP’s de facto decision to restart the request to the Office of Information Policy, which assured Elumenus that BOP was indeed processing the request. After hearing nothing further from the agency, Elumenus filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE (filed Nov 6, 2014)
   Judicial Watch submitted a FOIA request to the IRS for records concerning any communications between the agency and the Freedom from Religion Foundation or other religious tax-exempt organizations. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Mann v. The United States of America (filed Nov 7, 2014)
   Mark Mann submitted a FOIA request to the Western Federal Lands Highway Division of the Department of Transportation for records concerning the Tiller Trail Highway. The FOIA Officer contacted Mann for clarification and he indicated he had been hired as a subcontractor on a project. The FOIA Officer told him she would send some technical data. The FOIA Officer later contacted Mann to require payment of $150. He paid the requested fee. The FOIA Officer ultimately told Mann that much of the information about the project was available from the agency’s website. Mann downloaded those documents, but found they did not meet his needs. He then appealed to the Federal Highway Administration, which ultimately concluded that he was requesting a subset of data in a different format and the agency was not required to create a record. Mann then filed suit.
   Issues: Choice of format, Fees, Litigation – Attorney’s fees
10. Virginian-Pilot Media Companies, LLC et al v. Federal Bureau of Investigation (filed Nov 7, 2014)
    Scott Daugherty, a reporter for the Virginian-Pilot, submitted a FOIA request to the FBI for records concerning a May 2013 training accident off the coast of Virginia Beach. Two members of the FBI’s Hostage Rescue Team were killed in the accident. The FBI withheld 29 pages entirely under Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). The Virginian-Pilot appealed the denial to the Office of Information Policy, which upheld the agency’s decision. The Virginian-Pilot then filed suit.
    Issues: Exemption 5 – Privileges, Exemption 6 – Invasion of privacy, Exemption 7(C) – Invasion of privacy concerning law enforcement records, Exemption 7(E) – Investigative methods or techniques, Litigation – Attorney’s fees