79 new FOIA court documents, plus case descriptions
We have added 79 documents from 17 FOIA cases filed between March 15, 2015 and March 21, 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.
- CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Mar 16, 2015)
Citizens United submitted four FOIA requests to the Department of State for correspondence between former State Department employees Huma Abedin, Cheryl Mills, and Kris Balderson and various third parties, particularly the Clinton Foundation. Citizens United asked for inclusion in the media fee category and for expedited processing. The agency denied its requests for expedited processing, but after seven months without a response to any of the requests, Citizens United filed suit.
Issues: Failure to respond within statutory time limit - Mouton v. Internal Affairs et al (filed Mar 16, 2015)
Patrick Mouton made a request to the Lafayette Parish Sheriff’s Office for records. After the office failed to respond, he filed suit under the federal FOIA. Mouton may have a cause of action under Louisiana’s access law, but not under the federal FOIA.
Issues: FOIA not mentioned - American Civil Liberties Union et al v. Department of Justice et al (filed Mar 16, 2015)
The ACLU submitted a FOIA request to the Department of Justice and a number of other agencies for records concerning the government’s targeted-killing program. After none of the agencies had responded, the ACLU filed suit.
Issues: Failure to respond within statutory time limit - Franklin v. U.S. Bankruptcy Court for the Southern District of New York (filed Mar 16, 2015)
Tom Franklin submitted a FOIA request to the U.S. Bankruptcy Court for the Southern District of New York. When the court failed to respond, he filed suit.
Issues: Failure to respond within statutory time limit - Springer v. United States Attorney for the Northern District of Oklahoma et al (filed Mar 16, 2015)
Lindsey Springer, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning the authority of two attorneys who were involved in his criminal prosecution. The Executive Office for U.S. Attorneys told Springer that the two attorneys no longer were employed by DOJ and that there were no responsive records. Springer appealed to the Office of Information Policy and ultimately filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - SIKES v. DEPARTMENT OF JUSTICE (filed Mar 17, 2015)
Thomas Sikes submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning any oral communications between the U.S. Attorney’s Office for the Southern District of Georgia and Sikes’ attorney pertaining to his previous FOIA litigation against the Department of the Navy. The agency acknowledged receipt of the request, but told Sikes he would need to provide third-party authorization for his attorney. He did so and had some further back and forth with the agency. He finally asked the agency for an estimated date of completion so he could appeal to the Office of Information Policy. After hearing nothing further from the agency, Sikes filed suit.
Issues: Failure to respond within statutory time limit - Reedom v. Social Security et al (filed Mar 17, 2015)
James Reedom submitted FOIA requests to the Social Security Administration, the IRS, and the Department of Agriculture. Both the IRS and the Department of Agriculture responded to his requests but withheld information under Exemption 4 (confidential business information). The Social Security Administration did not respond. Reedom then filed suit.
Issues: Failure to respond within statutory time limit - AHN v. U.S. FBI FOIA OFFICE (filed Mar 18, 2015)
Soo-Myung Ahn submitted a FOIA request to the FBI for records concerning the Sony hacking incident. The FBI responded with a single document online, but Ahn was dissatisfied after receiving nothing further and filed suit.
Issues: Failure to respond within statutory time limit - NZINGOULA v. US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT et al (filed Mar 18, 2015)
Rita Nzingoula submitted a FOIA request to U.S. Citizenship and Immigration Services, which was denied. She also requested records from the Maine Department of Health and Human Services, Adult Protection Services, which was also denied. Nzingoula then filed suit against both the federal and state agencies.
Issues: Exemptions - Wilderness Watch v. United States Forest Service (filed Mar 18, 2015)
Wilderness Watch submitted a FOIA request to the U.S. Forest Service for records concerning recreation use monitoring and outfitter guide permit administration in the Emigrant Wilderness within the Stanislaus National Forest. The agency denied access to raw monitoring data under Exemption 5 (deliberative process privilege). Wilderness Watch appealed, but after the agency failed to respond to its appeal, Wilderness Watch filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Eil v. U.S. Drug Enforcement Administration (filed Mar 18, 2015)
Philip Eil, a journalist working on a book about the trial and conviction of Paul Volkman, submitted a FOIA request to the Executive Office for U.S. Attorneys for records included on the government’s exhibit list for Volkman’s trial. EOUSA referred the request to DEA. The agency began to review 15,000 pages and over time processed portions of them, releasing about 1600 pages to Eil and redacting much of the information under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Eil finally filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - TRACY v. U.S. DEPARTMENT OF JUSTICE (filed Mar 19, 2015)
Kimberly Tracy submitted a FOIA request to the FBI for records concerning herself and interviews conducted by the FBI in Las Vegas pertaining to an alleged extortion threat to Tracy and her husband. The agency acknowledged receipt of the request, but after hearing nothing further, Tracy filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Powell v. Internal Revenue Service (filed Mar 19, 2015)
William Powell submitted nine FOIA requests to the IRS for tax records concerning Powell Printing Company and the estate of William A. Powell. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Powell filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index - American Civil Liberties Union et al v. Transportation Security Administration (filed Mar 19, 2015)
The ACLU submitted a FOIA request to the Transportation Security Administration for records concerning behavior detection programs. The ACLU requested expedited processing and a fee waiver. The agency denied the ACLU’s requests for expedited processing and a fee waiver. The ACLU filed an appeal, but after hearing nothing further from the agency, the ACLU filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Mar 20, 2015)
PEER submitted a FOIA request to the Department of Agriculture’s Natural Resources Conservation Service for records concerning the agency’s efforts to protect grasslands and wetlands in the “Prairie Pothole” region. The agency responded to PEER’s request but withheld six documents under Exemption 5 (deliberative process privilege). PEER filed an administrative appeal, but after hearing nothing further from the agency, PEER filed suit.
Issues: Exemption 5 – Privileges – Deliberative process privilege – Predecisional, Failure to respond within statutory time limit, Litigation – Attorney’s fees - MORRISON v. CENTRAL INTELLIGENCE AGENCY (filed Mar 20, 2015)
Alan Morrison, Dean of Public Interest and Public Service Law at George Washington University Law School, submitted a FOIA request to the CIA in 2006 concerning the legality of renditions. The agency responded in 2013 by disclosing the same set of records it had disclosed to the ACLU in an unrelated request. Morrison attempted to have the agency clarify why it thought the records were responsive. In March 2014, he submitted another FOIA request to the CIA for records concerning the legal basis for rendition. The agency acknowledged receipt of the request. Morrison filed an administrative appeal of the agency’s failure to respond within the 20-day time limits. After hearing nothing further from the agency, Morrison filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - REEDOM v. SOCIAL SECURITY ADMINISTRATION et al (filed Mar 20, 2015)
James Reedom submitted FOIA requests to the Social Security Administration, the IRS, and the Department of Agriculture. The Social Security Administration failed to respond to his request. The IRS and the Department of Agriculture provided some records but withheld others under Exemption 4 (confidential business information). Reedom alleged that both agencies denied his administrative appeal with a form letter. Reedom then filed suit.
Issues: Exemption 4, Failure to respond within statutory time limit
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