Case descriptions added for 30 FOIA lawsuits

by Harry Hammitt on May 28th, 2015

We have just added the case descriptions for 30 previously announced FOIA lawsuits filed between April 26, 2015 and May 16, 2015.Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

Thuan Huy Ha v. U.S. Department of Justice et al (filed Apr 29, 2015)
Thuan Huy Ha submitted a FOIA request to the Department of Justice for billing records of Ha Pharmacy. The Executive Office for U.S. Attorneys provided a 40-page computer printout with many redactions. Ha appealed EOUSA’s response to the Office of Information Policy, which affirmed that the records were the originals in EOUSA’s possession. Ha then submitted a second request for more billing records and after EOUSA failed to respond, he appealed to OIP, which told Ha that EOUSA had not yet made an adverse determination. Ha then filed suit.
Issues: Failure to respond within statutory time limit
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Apr 28, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning any requests by former Secretary of State Hillary Clinton for permission to use a iPhone or iPad for official business and any internal agency communications concerning the unauthorized use of electronic devices to conduct government business. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
HEDRICK v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 28, 2015)
Robert Hedrick submitted a FOIA request to the FBI for records concerning his case and conviction. The FBI responded that it could find no records. Hedrick appealed to OIP, which affirmed the FBI’s refusal to either confirm or deny the existence of records. Hedrick then filed suit.
Issues: Determination – Glomar response, Litigation – Recovery of Costs
ORLANSKY v. DEPARTMENT OF JUSTICE et al (filed Apr 28, 2015)
Hector Orlansky submitted a request to the Executive Office for U.S. Attorneys for records concerning the recusal of one Assistant U.S. Attorney from his case and the replacement with another AUSA. Orlansky asked for expedited processing. After hearing nothing further from the agency, Orlansky filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
ELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (filed May 1, 2015)
EPIC submitted a FOIA request to the Drug Enforcement Administration for records concerning Privacy Impact Assessments conducted by DEA that are not publicly available. EPIC requested inclusion in the media fee category and asked for a fee waiver as well. DEA acknowledged receipt of EPIC’s request, but after hearing nothing further from the agency, EPIC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
JUDICIAL WATCH, INC. v. U.S. SECRET SERVICE (filed May 1, 2015)
Judicial Watch submitted a FOIA request to the Secret Service for records concerning the creation, security and maintenance of the clintonmail.com email server. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
Baptiste v. U.S. Immigration and Customs Enforcement et al (filed May 1, 2015)
James Jean Baptiste submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. USCIS disclosed more than 800 pages and withheld 36 pages in full. It also referred records to U.S. Immigration and Customs Enforcement. After ICE failed to respond, Baptiste filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
The Ohio State University Moritz College of Law Civil Clinic et al v. United States Customs and Border Protection (filed Apr 28, 2015)
This is a case filed in November 2014 in the Southern District of Ohio. It has now been transferred to the Northern District of Ohio.
Issues: Litigation – Jurisdiction – Venue
Campbell v. Veterans Administration et al (filed Apr 27, 2015)
David Campbell requested records from the VA Medical Center in Portland he needed to file a claim for malpractice. The complaint is not clear as to whether he submitted a FOIA request or not, but he eventually filed suit.
Issues: Failure to respond within statutory time limit
Northwest Environmental Defense Center v. United States Environmental Protection Agency (filed Apr 29, 2015)
The Northwest Environmental Defense Center submitted a FOIA request to the EPA for records concerning communications between EPA, the National Marine Fisheries Service, and Washington State’s Energy Facility Site Evaluation Council pertaining to a water quality permit for Columbia Generating Station in Hanford, WA. NEDC requested a fee waiver. The agency denied the fee waiver request and NEDC appealed. After the agency failed to respond to the appeal, NEDC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
(PS) Kappen v. McDonald et al (filed Apr 27, 2015)
Kurt Kappen submitted two FOIA requests to the Department of Veterans Affairs for his claims file. After hearing nothing further from the agency, Kappen filed an appeal. After hearing nothing further concerning his appeal, he filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
TRACY v. U.S. DEPARTMENT OF JUSTICE (filed Apr 28, 2015)
Robert Tracy submitted a FOIA request to the FBI for records concerning his interview and victim reports submitted to the FBI field office in Las Vegas. The FBI responded that it had no records. Tracy appealed to OIP. When OIP still had not responded to his appeal, Tracy filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Recovery of Costs
Martin v. Redwood City Library (filed May 1, 2015)
Yohania Martin, a Redwood City resident taking courses at a local college campus, was charged for overdue books and a library laptop. She complained that the library’s hours of operation kept changing and she was frequently unable to return the items on time. She eventually sued under the federal FOIA claiming the library had failed to provide her with its hours of operation and had invaded her privacy. There is no cause of action here under the federal FOIA.
Issues: FOIA not mentioned
White v. McDonald et al (filed May 1, 2015)
Timothy White submitted FOIA requests to the Department of Veterans Affairs for the claims files of 16 clients. After the agency failed to respond, White filed appeals in all 16 cases. After the agency still did not respond, White filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for all emails received by Hillary Clinton in her official capacity while serving as Secretary of State. The agency acknowledged receipt of the request, but after it failed to respond within the statutory deadline, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
POWDER RIVER BASIN RESOURCE COUNCIL v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed May 7, 2015)
The Powder River Basin Resource Council submitted a FOIA request to the Bureau of Land Management for records concerning communications between the agency and oil and gas companies pertaining to the Buffalo Field Office Resource Management Plan. The agency identified 102 responsive pages and indicated that all the records would be withheld under Exemption 4 (confidential business information). The Resource Council appealed BLM’s decision. After hearing nothing further from the agency, the Resource Council filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
Delgado v. Lynch et al (filed May 5, 2015)
Adam Delgado, a special agent for the Bureau of Alcohol, Tobacco and Firearms, requested records concerning allegedly slanderous comments made about him by other agents. Delgado contacted OGIS in his attempt to get ATF to provide the records, but ultimately Delgado filed suit.
Issues: Failure to respond within statutory time limit
Powell v. Internal Revenue Service (filed May 5, 2015)
William Powell, a beneficiary and heir of the Estate of William A. Powell and Powell Printing Company, submitted a FOIA request to the IRS for tax records of Powell Printing Company. After the agency failed to provide a response, Powell filed suit.
Issues: Failure to respond within statutory time limit
Vietnam Veterans of America et al v. Defense et al (filed May 4, 2015)
Vietnam Veterans of America made FOIA requests to the Department of Defense, the Army, the Navy, and the Air Force for records pertaining to PTSD-related discharge upgrade applications. VVA also requested a fee waiver. After numerous clarifications and negotiations, the requests were narrowed. However, after the agencies still had not responded, VVA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
TKC AEROSPACE, INC. v. UNITED STATES DEPARTMENT OF STATE (filed May 4, 2015)
TKC Aerospace submitted a FOIA request to the Department of State for records of communications between the Bureau of International Narcotics and Law Enforcement Affairs’ Office of Aviation and Charles Muh. The agency disclosed 66 documents in full, 17 with redactions, and withheld one document. The agency’s exemption claims were based on Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). TKC Aerospace appealed the agency’s decision, which was upheld on appeal. TKC then filed suit.
Issues: Exemption 4 – Confidential business information, Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 5, 2015)
Judicial Watch submitted a FOIA request to the Department of State for any emails sent to or from former deputy chief of staff Huma Abedin using a non-government email address. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory deadline, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
Flores v. United States Department of Justice (filed May 5, 2015)
Louis Flores submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the prosecution of Lt. Daniel Choi, who challenged the “Don’t ask, don’t tell” policy on gays in the military. After the agency did not respond, Flores appealed to OIP, which told EOUSA to conduct a search. After hearing nothing further from the agency, Flores filed suit.
Issues: Failure to respond within statutory time limit, Fees, Litigation – Recovery of Costs
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning policies put in place by the State Department to avoid conflicts of interest between former Secretary of State Hillary Clinton’s personal and official interests towards foreign governments or foreign leaders as well as those pertaining to the Clinton Foundation. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning former Secretary of State Hillary Clinton’s use of a non-government email address. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning anyone who used a non-government email address during the tenure of former Secretary of State Hillary Clinton. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning or relating to the resignation of former Secretary of State Hillary Clinton. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed May 6, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning any emails to or from former Secretary of State Hillary Clinton pertaining to the attack on the U.S. compound in Benghazi. Judicial Watch submitted a second FOIA request concerning any communications between State Department employees and staff of the House Select Committee on Benghazi pertaining to Clinton’s use of a non-government email address. The agency acknowledged receipt of both requests, but after failing to respond to either within the statutory time limits, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
White Arnold & Dowd PC v. Board of Governors of The Federal Reserve System, The (filed May 12, 2015)
The law firm of White Arnold & Dowd submitted multiple FOIA requests to the Federal Reserve. The agency acknowledged receipt of the requests but told the law firm that it could not respond within the statutory time limits. White Arnold & Dowd then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
REITINGER v. FEDERAL TRADE COMMISSION (filed May 13, 2015)
Philip Reitinger, a blogger, submitted a FOIA request to the Federal Trade Commission for records concerning standards, guidelines, and criteria for bringing an unfair practice claim relating to data or cyber security. The agency took a 10-day extension to respond. The agency then told Reitinger that it would withhold all responsive records under Exemption 5 (privileges). Reitinger filed an administrative appeal and the agency upheld its original decision. Reitinger then filed suit.
Issues: Exemption 5 – Privileges – Deliberative process privilege – Deliberative, Exemption 5 – Privileges – Deliberative process privilege – Predecisional, Litigation – Attorney’s fees, Litigation – Vaughn index
MAZINDA v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed May 11, 2015)
Alison Mazinda submitted FOIA requests to U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services for her alien file to use in her naturalization proceeding. Although her naturalization proceedings were postponed to await responses to her FOIA requests, when neither agency had responded, Mazinda filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees