PRISON LEGAL NEWS v. SAMUELS and 7 other new FOIA lawsuits, plus case descriptions

We have added 32 documents from 6 FOIA cases filed between May 31, 2015 and June 6, 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. PRISON LEGAL NEWS v. SAMUELS (filed Jun 3, 2015)
   Prison Legal News submitted a FOIA request to the Bureau of Prisons in 2008 for records about money spent by BOP settling lawsuits or claims from 2003-2008. After a good deal of back and forth, PLN filed another FOIA request to BOP in 2010 for the same records covering 2008-2010. In 2010, BOP disclosed 917 pages responsive to the 2008 request. It later released more records pertaining to the 2008 request, bringing the total up to 1,325. In 2013, PLN made a third FOIA request to BOP for the same records for the period of 2010 – 2013. After receiving no further records from the agency, PLN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. FORD v. DEPARTMENT OF JUSTICE et al (filed Jun 2, 2015)
   John Ford submitted multiple FOIA requests to the Department of Justice for records concerning his investigation and conviction for bank robbery. Ford alleged that DOJ was improperly withholding the records, but he did not explain if the agency failed to respond in time or whether he had appealed any adverse decisions. However, because he had not received the records requested, he filed suit.
   Issues: Failure to respond within statutory time limit
3. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF ENERGY (filed Jun 1, 2015)
   The Energy & Environment Legal Institute submitted a FOIA request to the Department of Energy for all correspondence sent by DOE employees John Wimer and Eric Grol or their assistants to DOE’s Office of General Counsel or Office of Fossil Energy between November 1 – December 31, 2014. EELI also requested a fee waiver. DOE granted the fee waiver, but after the agency failed to provide the records, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LEOPOLD v. DEPARTMENT OF COMMERCE (filed Jun 2, 2015)
   Reporter Jason Leopold submitted a FOIA request to the Office of Antiboycott Compliance at the Department of Commerce for 31 categories of records. Leopold also asked for a fee waiver. The agency told Leopold that his request was too vague and he sent a narrowed request for 21 categories of records. He asked for a fee waiver for the second request as well. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Offor v. EEOC et al (filed Jun 2, 2015)
   Chinwe Offor submitted a FOIA request to the Equal Employment Opportunity Commission for her EEOC claim file. After Offor was told that her claims file would be provided, EEOC sent another letter indicating that the file was missing. After the agency failed to provide Offor’s file, she filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CERTAIN LITHIUM METAL OXIDE CATHODE MATERIALS, LITHIUM-ION BATTERIES FOR POWER TOOL PRODUCTS CONTAINING SAME, AND POWER TOOL PRODUCTS WITH LITHIUM-ION BATTERIES CONTAINING SAME et al v. UMICORE N.V. et al (filed Jun 4, 2015)
   This is not a FOIA suit.
   Issues: FOIA not mentioned

In addition, we have added 5 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• MANNA v. U.S. DEPARTMENT OF JUSTICE et al (filed May 29, 2015)
  Louis Manna submitted a FOIA request to the FBI for records concerning information provided by government informant Peter Caporino. Manna provided information indicating that Caporino’s identity as an informant had been publicly disclosed. The agency denied his request citing Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Manna appealed the denial, which was upheld by OIP. Manna then filed suit.
  Issues: Exemption 7(D) – Confidential sources, Litigation – Recovery of Costs
• New York Legal Assistance Group, Inc. v. United States Department of Education (filed May 18, 2015)
  The New York Legal Assistance Group submitted a FOIA request to the Department of Education for records concerning borrower defenses to repayment of student loans. The agency provided some responsive material, but after the agency failed to respond substantively, NYLAG filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees