37 new FOIA court documents, plus case descriptions

We have added 33 documents from 7 FOIA cases filed between April 12, 2015 and April 18, 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. MILES v. DEPARTMENT OF JUSTICE et al (filed Apr 16, 2015)
   Harry Miles submitted a FOIA request to the Department of Justice for records concerning Public Law 80-772 sent between any agency component and the Bureau of Prisons. After hearing nothing from the agency, Miles filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
2. WORLDNETDAILY.COM, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 14, 2015)
   WorldNetDaily.com submitted a FOIA request to the Department of Justice for records concerning the investigation of the fatal shooting of Miriam Carey by U.S. Secret Service agents and U.S. Capitol Police officers. WorldNetDaily.com also requested a fee waiver. The agency acknowledged receipt of the request and denied the request for a fee waiver. WorldNetDaily.com agreed to pay $84 in estimated fees. But after hearing nothing further from the agency, WorldNetDaily.com filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF STATE (filed Apr 14, 2015)
   The Competitive Enterprise Institute submitted two FOIA requests to the Department of State. The first request was for records concerning former Secretary of State Hillary Clinton’s awareness of agency electronic records retention policies. The second request was for separation documents for Huma Abedin and Cheryl Mills, and any records concerning the participation of Clinton, Abedin, or Mills in agency cybersecurity awareness training. CEI requested a fee waiver for both requests. The agency acknowledged receipt of the requests and granted the requests for fee waivers. After hearing nothing further from the agency, CEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CONTANT v. DEPARTMENT OF HOMELAND SECURITY ("DHS") et al (filed Apr 14, 2015)
   Isan Constant submitted a FOIA request to U.S. Immigration and Customs Enforcement for records about himself. The agency responded by producing two documents. Constant, arguing that an administrative appeal would be futile, filed suit.
   Issues: Adequacy – Search, Litigation – Recovery of Costs
5. Buckovetz v. U.S. Department of the Navy (filed Apr 16, 2015)
   Dennis Buckovetz submitted a FOIA request to the Department of the Navy for records concerning a sexual harassment complaint filed by Natalia Cavalheir. The Navy denied his request citing Exemption 5 (attorney-client privilege). Buckovetz filed an appeal, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Litigation – Sanctions
6. SHEHADEH v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 16, 2015)
   Jamil Shehadeh submitted a FOIA request to the FBI for records concerning his case. After hearing nothing further from the agency, Shehadeh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
7. DeLaittre v. Social Security Administration (filed Apr 16, 2015)
   David DeLaittre, regional chief administrative law judge for the Social Security Administration, submitted a FOIA request to SSA for records concerning his employment with SSA. The agency responded, but denied a large number of records. DeLaittre filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Edward Dean Hohner v. U.S. Department of Justice et al (filed Apr 10, 2015)
  Edward Hohner submitted a FOIA request to the FBI for records concerning his conviction, including information about confidential informants who testified at his trial. The FBI told Hohner it would neither confirm nor deny the existence of such records. Hohner appealed to OIP. OIP upheld the FBI’s decision and Hohner then filed suit.
  Issues: Determination – Glomar response, Litigation – Vaughn index