162 new FOIA court documents, plus case descriptions
We have added 162 documents from 28 FOIA cases filed between December 14, 2014 and January 10, 2015. 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.
- National Immigration Law Center v. United States Department of Homeland Security et al (filed Dec 17, 2014)
The National Immigration Law Center submitted a FOIA request to the Department of Homeland Security and Immigration and Customs Enforcement for records concerning access to and use of DMV databases for immigration enforcement purposes. NILC also requested expedited processing and a fee waiver. ICE acknowledged receipt of the request and denied NILC’s requests for expedited processing and a fee waiver. NILC filed an administrative appeal of the denial. Subsequently, ICE sent a letter to NILC indicating that it conducted a search, but could find no records. NILC then filed an administrative appeal of the no records decision. DHS acknowledged receipt of the request, denied expedited processing, but conditionally granted NILC’s request for a fee waiver. However, after hearing nothing further from DHS, NILC filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - Broga v. Defense (filed Dec 16, 2014)
Kara Broga, a trainee with the U.S. Army Reserve, was sexually assaulted by her drill sergeant at Fort Dix in 1991. She left the base twice without authorization. She was subsequently separated from the military and asked for a criminal investigation of her drill sergeant. She eventually filed a FOIA request for the investigation report and other reports of sexual assault against the drill sergeant. The agency acknowledged receipt of the request, but after Broga was told that it was still being reviewed in the main FOIA office, she filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN ASSOCIATION OF WOMEN, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Dec 17, 2014)
The American Association of Women submitted a FOIA request to the Department of Justice for records concerning the agency’s decision not to inform Los Angeles County Sheriff Lee Baca of the existence of a federal investigation of allegations of prisoner abuse or brutality. The FBI denied the Association’s request under Exemption 7(A) (ongoing investigation or proceeding). The Association appealed to OIP, but after hearing nothing further, the Association filed suit.
Issues: Adequacy – Search, Exemption 7(A), Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - COMPETITIVE ENTERPRISE INSTITUTE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Dec 17, 2014)
The Competitive Enterprise Institute submitted three FOIA requests to the Centers for Medicare and Medicaid Services for records concerning tax credits available under the Affordable Care Act. CEI also requested a fee waiver for each request. The agency acknowledged receipt of the three requests, but after hearing nothing further from the agency, the CEI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - OLSEN v. US DEPARTMENT OF VETERANS AFFAIRS (filed Dec 17, 2014)
Ken Olsen, a journalist who writes about veterans affairs for the American Legion Magazine, submitted a FOIA request to the Department of Veterans Affairs for records concerning the amounts of bonuses paid to VA executives from 2001-2014. The agency indicated that its records pertaining to executive bonuses went back only to 2009. Olsen filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Shortall et al v. Baltimore District U.S. Army Corps of Engineers (filed Dec 16, 2014)
Purnell and Mary Ann Shortall submitted a FOIA request to the Baltimore District Office of the U.S. Army Corps of Engineers for records concerning a specific property in Cordova, MD. The Baltimore District Office told the Shortalls that their request had been granted, but the records never arrived. The Shortalls then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Sanctions - Taitz v. Burwell (filed Dec 18, 2014)
Orly Taitz submitted a FOIA request to the Centers for Disease Control for records concerning the ongoing case of Taitz v. Johnson. The agency acknowledged receipt of the request, but after hearing nothing further, Taitz filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index - MCDOWELL v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Dec 15, 2014)
Gregory McDowell, an employee of EPA’s Criminal Investigation Division, submitted a FOIA request to EPA for an Inspector General’s report of the results of an investigation based on McDowell’s complaint that the agency had used false allegations against him after he had testified in another agent’s EEO case. The agency acknowledged receipt of the request, but although there were further back and further email exchanges, the agency had not provided a response to the request. McDowell submitted a second FOIA request for a memo sent by his supervisor to the Office of the U.S. Attorney in five districts, which McDowell claimed had impaired his ability to work effectively. The agency acknowledged the receipt of the request and denied access under Exemption 5 (deliberative process privilege). McDowell filed an administrative appeal, but heard nothing further. McDowell then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Burke v. Colvin et al (filed Dec 16, 2014)
James Burke, an administrative law judge with the Social Security Administration in Albuquerque, submitted a FOIA request to the SSA for records concerning all FOIA requests made to the agency pertaining to Burke. After hearing nothing further from the agency, Burke filed suit
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Boatner v. National Personnel Records Center (filed Dec 22, 2014)
Dennis Boatner submitted a FOIA request to the National Personnel Records Center for medical records concerning his son Jeremy, who served in the Navy and died as a result of surgery in 1995. The agency acknowledged receipt of the request and asked for clarifying information, which Boatner supplied. After hearing nothing further, Boatner filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CORLEY v. HOLDER et al (filed Dec 22, 2014)
Royce Corley submitted a FOIA request to the Justice Department for records concerning his conviction for sex trafficking. After hearing nothing further after six months, he filed an appeal. After hearing nothing further, Corley filed suit.
Issues: Failure to respond within statutory time limit - GOLDSTEIN v. INTERNAL REVENUE SERVICE (filed Dec 23, 2014)
Richard Goldstein submitted a FOIA request to the IRS for records concerning his status as the heir of the state of his father, Samuel Goldstein. The agency ultimately responded with a CD containing 4,028 pages. The agency withheld 1,700 pages under Exemption 3 (other statutes). It also withheld information under Exemption 5 (privileges) and Exemption 7(D) (confidential sources). Goldstein appealed the agency’s decision and the agency upheld its denial. Goldstein then filed suit.
Issues: Exemption 3, Exemption 7(D) - GOLDSTEIN v. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION (filed Dec 23, 2014)
Richard Goldstein submitted a FOIA request to the Treasury Inspector General for Tax Administration for records about his status as heir to his father’s estate, including records pertaining to an investigation of alleged tax fraud on the part of the attorneys who set up the estate. The agency ultimately provided Goldstein with 4,028 pages, withholding 1,700 pages under Exemption 3 (other statutes). The agency also invoked Exemption 5 (privileges) and Exemption 7(D) (confidential sources). Further, TIGTA indicated that it would neither confirm nor deny the existence of records on third parties. Goldstein appealed the decision, which was upheld. Goldstein the filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Delaittre v. Social Security Administration (filed Dec 23, 2014)
David Delaittre, a regional chief administrative law judge at the Social Security Administration, submitted a FOIA request to the agency for records concerning his employment. The agency acknowledged receipt of the request, but after hearing nothing further from agency, Delaittre filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - STOTTER v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT et al (filed Dec 21, 2014)
Daniel Stotter submitted a FOIA request to the U.S. Agency for International Development for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and provided an interim response containing 213 pages. Stotter asked to defer his appeal until USAID had completed its response. The agency agreed, but Stotter heard nothing further from the agency. Stotter submitted a FOIA request to the State Department for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and told Stotter the request was still open, but provided no further response. Stotter also submitted a request to the Broadcasting Board of Governors for records concerning funding for Pakistan-based media projects. The agency acknowledged receipt of the request and based on an initial indication that there were 8,000 responsive pages, asked Stotter for $18,000 in advance payment. The agency later told Stotter that after reviewing many of the records they were not responsive to his request and that the agency was continuing to process the request. However, after hearing nothing further from any of the agencies, Stotter filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Ramey v. Board of Governors for the Federal Reserve (filed Dec 22, 2014)
Ryan Ramey, a prisoner, submitted a FOIA request to the Federal Reserve for records. The agency asked for a clarification, which Ramey provided. After hearing nothing further from the agency, Ramey filed suit.
Issues: Failure to respond within statutory time limit - CADDELL et al v. UNITED STATES OF AMERICA et al (filed Dec 23, 2014)
Eddie Caddell, Kryzstof Jaje and Stanley Prenenski were injured in an industrial accident at a plant operated by Sun Chemical Corporation. The three submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the cause of the accident. The agency provided a copy of its investigation report, but withheld some information under Exemption 4 (confidential business information) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The three appealed, but after hearing nothing further from the agency, they filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD et al v. DEPARTMENT OF JUSTICE (filed Dec 24, 2014)
Journalist Jason Leopold and researcher Ryan Shapiro submitted a FOIA request to the Department of Justice for records concerning the investigation of allegations that the CIA had hacked into computers of the Senate Intelligence Committee. They asked for expedited processing and a fee waiver. After hearing nothing further from the agency, Leopold and Shapiro filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Dec 30, 2014)
Judicial Watch submitted a FOIA request to the FBI and BATF for records concerning the agencies’ involvement in an investigation of an apartment building explosion in Minneapolis. The FBI and BATF acknowledged receipt of the request. The FBI said it was unable to find any records. Judicial Watch appealed the decision to OIP, which upheld the FBI’s search. BATF sent Judicial Watch one page indicating the FBI was monitoring the investigation. Judicial Watch then filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - LEOPOLD v. DEPARTMENT OF TREASURY (filed Jan 1, 2015)
Journalist Jason Leopold submitted a FOIA request to the Office of Assets Control at the Department of Treasury for the first 25 pages of each license application since 2013 for a number of countries. He also requested a fee waiver. OFAC contacted Leopold and asked him to narrow the request to cover only North Korea, Iran, Yemen, Somalia and Syria and to further narrow the request as it pertained to Iran. Leopold agreed to narrow his request, but after hearing nothing further from the agency, he filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 2, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning the bilateral memo of understanding between the U.S. and Qatar to accept five Guantanamo detainees in exchange for Sgt. Bowe Bergdahl. The agency acknowledged receipt of the request, but after hearing nothing further, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Brozzo v. U.S. Department of Education (filed Dec 29, 2014)
Francis Brozzo submitted a FOIA request to the Department of Education for records concerning loan reimbursement claims by Key Bank to the New York State Higher Education Services Corporation pertaining to Brozzo’s educational loans. The agency provided several pages and Brozzo filed an appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further, Brozzo filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Sanctions - FOREST COUNTY POTAWATOMI COMMUNITY v. SALLY JEWEL et al (filed Dec 29, 2014)
The Forest County Potawatomi Community submitted a total of 10 FOIA requests to the Bureau of Indian Affairs for records concerning the Menominee Tribe’s application to the United States to acquire land in trust in Kenosha, Wisconsin for gaming purposes. The agency provided some responsive records but withheld a large number of records under Exemption 4 (confidential business information). The Community alleged that the agency’s disclosure of records to the State of Wisconsin waived any privilege for confidential business information. The Community ultimately filed suit.
Issues: Exemption 4 – Confidential business information - MISSOURI COALITION FOR THE ENVIRONMENT v. UNITED STATES ARMY CORPS OF ENGINEERS (filed Dec 29, 2014)
The Missouri Coalition for the Environment submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning certain permits issued by the Corps under the Clean Water Act. The Coalition was allowed to review 13 permits but the agency withheld three permits entirely under Exemption 5 (privileges). The Coalition filed an appeal, but after hearing nothing further, it filed suit.
Issues: Exemption 5, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Turner v. United States Department of the Treasury (filed Jan 5, 2015)
Bruce Turner, a prisoner, submitted a FOIA request to the Department of Treasury for financial records concerning himself. The agency responded that if its Financial Crimes Enforcement Network had any records they would be exempt under the Bank Secrecy Act. Turner appealed and the agency upheld its denial. Turner then filed suit.
Issues: Exemption 3 – Statutory prohibition of disclosure - ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF ENERGY (filed Jan 5, 2015)
The Energy & Environment Legal Institute submitted a FOIA request to the Department of Energy for records concerning a cooperative research and development agreement between the agency and the Mississippi Power Company pertaining to the Kemper County Energy Facility located in Mississippi. The Institute also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Institute filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - MARCK et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Jan 5, 2015)
David Marck of the law firm of Sills Cummis & Gross, submitted FOIA requests to the FBI and the FDA on behalf of Anne Cocchiola, whose husband Mark Cocchiola is currently in federal prison. The request to the FBI was for records concerning a number of named individuals and companies involved in the investigation and conviction of Mark Cocchiola. The FBI initially refused to process the requests without privacy waivers, but agreed to process the requests concerning companies. The agency then indicated that it was withholding some records under Exemption 7(A) (interference with ongoing investigation or proceeding). It did not respond to the requests pertaining to some other companies. Marck appealed the decision and the FBI upheld its denial. The request to the FDA also requested information on a number of companies and individuals. The FDA provided 481 pages, but withheld 113 pages primarily under Exemption 4 (confidential business information) and Exemption 7(E) (investigative methods and techniques). Marck appealed the denial, but after the agency failed to respond, he filed suit.
Issues: Exemption 4, Exemption 7(A) – Interference with ongoing investigation, Exemption 7(E) – Investigative methods or techniques, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CENTER FOR BIOLOGICAL DIVERSITY v. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT et al (filed Jan 8, 2015)
The Center for Biological Diversity submitted a FOIA request to the Bureau of Safety and Environmental Enforcement concerning the extent of off-shore fracking in the Gulf of Mexico and the Bureau’s role in permitting this activity. BSEE acknowledged receipt of the request but the Center heard nothing further from the agency. The Center submitted a FOIA request to the Bureau of Ocean Energy Management for the same information. BOEM acknowledged receipt of the request, but the Center heard nothing further from that agency and filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
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