BRICK v. DEPARTMENT OF JUSTICE and 12 other new FOIA lawsuits, plus case descriptions

We have added 55 documents from 11 FOIA cases filed between August 2, 2015 and August 8, 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. BRICK v. DEPARTMENT OF JUSTICE (filed Aug 3, 2015)
   Christopher Brick, editor/director of the Eleanor Roosevelt Papers Project, submitted a FOIA request to the FBI for 52 pages of records and attachments from Eleanor Roosevelt’s FBI file that had not been released as the result of a 1982 disclosure. The FBI disclosed 338 pages with redactions made under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7 (D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Brick appealed the redactions on 12 pages to the Office of Information Policy, which upheld the agency’s decision. Brick then filed suit.
   Issues: Exemption 7
2. Gardere Wynne Sewell LLP v. United States Department of Labor, Occupational Safety and Health Administration (filed Aug 6, 2015)
   The law firm of Gardere Wynne Sewell submitted a FOIA request to the Occupational Safety and Health Administration for records concerning its investigation of the 2014 death of Amando Godines in an oilfield accident while working for Precision Drilling Company. Gardere represented Precision in a civil suit brought by Godines’ family. OSHA provided a portion of the records but indicated some information had been redacted. Gadere appealed OSHA’s decision, but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. SAE PRODUCTIONS, INC. v. DEPARTMENT OF STATE (filed Aug 3, 2015)
   SAE Productions submitted a FOIA request to the Department of State for a copy of Presidential Study Directive 11, issued by President Obama in 2010 for the purpose of assessing the Muslim Brotherhood and other political Islamist movements. SAE Productions also asked to be included in the news media fee category. The agency acknowledged receipt of the request and granted SAE Productions’ request to be included in the news media fee category. However, after hearing further from the agency, SAE Productions filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Knuckles v. Department of the Army et al (filed Aug 3, 2015)
   Jeniqua Irene Knuckles, a former employee of the Eisenhower Army Medical Center, submitted a FOIA request to the Department of the Army for records about herself. The Medical Center acknowledged receipt of the request, but after hearing nothing further in 11 months, Knuckles filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PARKER v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Aug 4, 2015)
   Lonnie Parker submitted a FOIA request to U.S. Immigration and Customs Enforcement for records from the agency’s Little Rock office pertaining to Parker from 1998 to 2006. The agency located 60 pages of records, but withheld them entirely under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods and techniques), and subsection (j)(2) of the Privacy Act. Parker appealed the agency’s denial, which was upheld on appeal. He then filed suit.
   Issues: Exemption 7, Litigation – Attorney’s fees
6. Thibault v. United States Food and Drug Administration (filed Aug 4, 2015)
   Andrew Thibault submitted a number of FOIA requests to the FDA for records concerning homicide as an adverse effect of using psychotropic medications. The agency acknowledged receipt of the requests, but after the agency failed to respond substantively, Thibault filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. FERRAGUTI v. THE PENSION PLAN OF ABINGTON MEMORIAL HOSPITAL et al (filed Aug 4, 2015)
   Frances Ferraguti, a registered nurse, asked the Abington Memorial Hospital for a copy of its pension plan after being denied the ability to work at the hospital part-time. This is not a FOIA suit.
   Issues: FOIA not mentioned
8. FREEDOM WATCH, INC. v. DEPARTMENT OF STATE (filed Aug 6, 2015)
   Freedom Watch submitted a FOIA request to the Department of State for records concerning leaked information pertaining to the Benghazi attack and its aftermath. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Freedom Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Jorge Chavez v. Bureau of Alcohol, Tobacco, Firearms and Explosives (filed Aug 7, 2015)
   Jorge Chavez submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for a copy of the report by the BATF concerning the Hallmark Apartment fire. After hearing nothing further from the agency, Chavez submitted a second FOIA request for the same records. After hearing nothing further from the agency as to either request, Chavez filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Bryant v. Federal Bureau of Investigation (filed Aug 7, 2015)
    Aaron Kristopher Bryant submitted a request to the FBI for records concerning the agency’s investigation of allegations of Medicaid fraud. Bryant claimed his records were inaccurate and he wanted the agency to correct them. Bryant eventually filed suit.
    Issues: Adequacy – Search
11. Weichel v. United States Department of Justice (filed Aug 7, 2015)
    Frederick Weichel, a state prisoner, submitted a FOIA request to the FBI, DEA, and EOUSA concerning his conviction for murdering Robert LaMonica in May 1980. Weichel contended that he was convicted because of pressures exerted by Whitey Bulger and others. The FBI disclosed 55 redacted pages and indicated that another 19 pages were referred to another component. Weichel appealed to the Office of Information Policy, which upheld the agency’s action. He also complained to the Office of Government Information Services. The Criminal Division responded to the FBI’s referral of the 19 pages and withheld 18 entirely and one in part. After unsuccessfully appealing that decision, Weichel filed suit.
    Issues: Exemption 7, Litigation – Attorney’s fees

In addition, we have added 7 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Jorge Alejandro Rojas v. Federal Aviation Administration (filed Jul 31, 2015)
  Jorge Alexandro Rojas submitted a FOIA request to the Federal Aviation Administration for records concerning how the agency assessed his biographical information supplied as part of a job application. The agency withheld some information under Exemption 5 (privileges). Rojas 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
• Stein v. United States Department of Commerce (filed Jul 30, 2015)
  Alan Stein, a commercial fisherman and activist from Alaska, submitted a number of FOIA requests primarily to the National Oceanic and Atmospheric Administration, but also to the Office of Inspector General at the Department of Commerce. Many of the requests asked for records concerning illegal conduct engaged in by Arne Fuglvog, a former staffer for Sen. Lisa Murkowski. NOAA denied the request entirely on the basis of Exemption 7(A) (ongoing investigation or proceeding). The agency provided a large number of records with redactions for some of the requests while others had not been responded to substantively before Stein filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees