61 new FOIA court documents, plus case descriptions
We have added 61 documents from 9 FOIA cases filed between March 22, 2015 and March 28, 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.
- Watson v. U.S. Department of Justice (filed Mar 26, 2015)
Lawrence Watson submitted a FOIA request to the Department of Justice for records concerning his complaint to the agency pertaining to his treatment by the Boston Police. After receiving no response from the agency, Watson filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 23, 2015)
Judicial Watch submitted a FOIA request to the Secret Service for records concerning Operation Moonlight. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - THE LAW OFFICE OF JOSEPH D. GLAZER, P.C. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Mar 23, 2015)
The Law Office of Joseph Glazer submitted a FOIA request by email to the Centers for Medicare & Medicaid Services for documents filed by hospitals in cases in which the Provider Reimbursement Review Board had recently issued decisions. Glazer also sent the request by certified mail and sent the same request to the main FOIA office at the Department of Health and Human Services. After hearing nothing from the agency, Glazer filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Mar 24, 2015)
Citizens United submitted three FOIA requests to the Department of State. One request was for all State Department still photos taken during trips abroad by former Secretary of State Hillary Clinton. Another request was for all videotapes taken during trips abroad by Clinton. The third request was for travel-related expense records for certain trips taken by Clinton. The agency acknowledged receipt of all three requests, but after the agency failed to respond, Citizens United filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Medellin Longoria v. Johnson et al (filed Mar 24, 2015)
Jose Medellin Longoria, who was subject to administrative removal proceedings initiated by the Department of Homeland Security, submitted a FOIA request to U.S. Customs and Border Protection for all records concerning his encounters with the agency. He also submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. CIS responded by providing four pages. CBP referred Medellin Longoria’s request to CIS. CIS then reopened Medellin Longoria’s request, but after hearing nothing further from the agency, he filed suit.
Issues: Failure to respond within statutory time limit - NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE et al v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 25, 2015)
The New Orleans Workers’ Center for Equal Justice and other individuals submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the Criminal Alien Removal Initiative and related community raid programs. The Center also requested expedited processing and a fee waiver. ICE denied and then granted the Center’s request for expedited processing. The Center filed an administrative appeal of the failure to grant a fee waiver. ICE denied the Center’s fee waiver request on appeal. The Center asked the agency to reconsider its fee waiver decision. The agency upheld its denial of the fee waiver. The Center then filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - KELLY v. UNITED STATES OF AMERICA, DEPARTMENT OF DEFENSE (filed Mar 25, 2015)
Matthew Kelly submitted a FOIA request to the Naval Academy for all records concerning his arrest by the Annapolis police which led to his discharge from the Navy. The Naval Academy provided some records but withheld others. Kelly appealed, arguing that the search was insufficient and that names of officers involved should not be redacted. He also submitted two FOIA requests, one to the Legal Counsel at the Naval Academy, and the other to the Naval Personnel Center, for the same records. The Legal Counsel did not respond. The Naval Personnel Center told Kelly the disclosability of the records needed to be decided upon by the Naval Academy. Kelly then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Mar 26, 2015)
Citizens United submitted two FOIA requests to the Department of State. The first request was for records concerning the vacancy at the Inspector General’s Office. The second report was for records concerning a specific Inspector General’s report. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Citizens United filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Sparks v. US Army Central Command (ARCENT) (filed Mar 26, 2015)
Brian Sparks, a researcher, submitted two FOIA requests to the U.S. Army Central Command for records of a 2005 status report concerning unit functioning in Iraq and for flight manifests for flights to Basra during a specified period of time. After hearing nothing from the agency, Sparks filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
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