20 new FOIA court documents, plus case descriptions

We have added 20 documents from 5 FOIA cases filed between January 18, 2015 and January 24, 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.

1. Rocky Mountain Wild Inc v. United States Forest Service et al (filed Jan 19, 2015)
   Rocky Mountain Wild submitted a FOIA request to the U.S. Forest Service for records about the Village at Wolf Creek Access Project. The agency acknowledged receipt of the request and directed Rocky Mountain Wild to its website for information. The agency also indicated it was processing a large volume of responsive emails. After hearing nothing further from the agency, Rocky Mountain Wild filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. GUIDRY v. COMEY (filed Jan 20, 2015)
   Dwaun Jabbar Guidry, a federal prisoner, submitted a FOIA request to the FBI for records concerning DNA identification of an unknown DNA sample taken from the victim in Guidry’s case. He also requested that the agency conduct a manual search. The agency responded that Guidry’s circumstances did not meet the standard for disclosing such information and withheld the records under Exemption 3 (other statutes). Guidry appealed to OIP, which affirmed the FBI’s decision. Guidry then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. HENDERSON v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE et al (filed Jan 21, 2015)
   William Henderson, president of a personnel security consulting firm, submitted a FOIA request to the Office of Personnel Management for the revised Federal Investigative Standards. The agency denied his request on the basis of Exemption 7(E) (investigative methods and techniques). Henderson appealed and the appellate authority ordered OPM to review the FIS and disclose it in redacted form. The agency disclosed a heavily redacted version of the FIS, claiming Exemption 6 (invasion of privacy) as well at Exemption 7(E). Henderson appealed again but the agency had not yet completed his appeal. He also requested the FIS from the Office of the Director of National Intelligence. ODNI found the same record that OPM had disclosed and withheld it entirely. Henderson filed an administrative appeal but ODNI closed his file. Henderson then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. THELEN v. DEPARTMENT OF JUSTICE (filed Jan 21, 2015)
   Patrick Thelen, a federal prisoner, submitted a FOIA request to EOUSA for records concerning himself. The agency acknowledged receipt of the request and asked for verification of identity. After providing some identifying information, Thelen complained that EOUSA was obstructing his request and OIP agreed that EOUSA should process the request. Thelen then requested expedited processing. After hearing nothing further from the agency, Thelen filed suit.
   Issues: Failure to respond within statutory time limit
5. GABRION v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 23, 2015)
   Marvin Gabrion, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning his custody at the prison in Terre Haute, IN. After hearing nothing further from the agency, Gabrion filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees