JAMES MADISON PROJECT v. DEPARTMENT OF JUSTICE et al and 11 other new FOIA lawsuits, plus case descriptions

We have added 68 documents from 11 FOIA cases filed between August 9, 2015 and August 15, 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. JAMES MADISON PROJECT v. DEPARTMENT OF JUSTICE et al (filed Aug 12, 2015)
   The James Madison Project submitted a FOIA request to the Civil Division at the Department of Justice for records pertaining to the book “No Easy Day,” a firsthand account of the death of Osama bin Laden, including analyses of taking legal action against the book’s author, Mark Owen. The Civil Division indicated that a number of the records were exempt under Exemption 5 (privilege) and Exemption 7 (law enforcement records). JMP appealed the Civil Division’s denial, which was upheld by the Office of Information Policy. JMP also requested records concerning the book from the Executive Office for U.S. Attorneys, the Defense Department, and the CIA. After none of those agencies responded to its request, JMP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. PARKER v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 10, 2015)
   Lonnie Parker submitted a FOIA request to the National Archives and Records Administration for records pertaining to former U.S. Assistant Attorney Lesa Gail Bridges Jackson, who had worked in the U.S. Attorney’s Office in Little Rock from 1989-2001 during which time she did not have a valid license to practice law. NARA acknowledged receipt of the request, but told Parker he would need to provide third-party authorization. Parker appealed that decision and NARA disclosed three pages. Parker appealed that decision, which was upheld by the agency. Parker then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
3. Robbins et al v. New York Corn & Soybean Growers Association, Inc. (filed Aug 10, 2015)
   Ronald Robbins made a request to the New York Corn & Soybean Growers Association, which denied the request because it claimed it was not a federal agency. Arguing that the Association received federal funds from the U.S. Soybean Check-Off Program, Robbins sued the Association primarily for injunctive relief because the Association had terminated his daughter, but also for violating the FOIA.
   Issues: Agency – Federal, Litigation – Attorney’s fees
4. SEAVEY v. DEPARTMENT OF JUSTICE (filed Aug 12, 2015)
   Nina Seavey, a documentary filmmaker, submitted a voluminous number of FOIA requests to the FBI for records concerning the 1970 burning of an ROTC building on the campus of Washington University in St. Louis as well as records related to various individuals and the agency’s COINTELPRO investigations. While the agency responded to some of the requests, most of the requests remained unanswered. Seavey eventually filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Vazquez-Gonzalez v. Internal Revenue Service et al (filed Aug 12, 2015)
   Edgar Vazquez Gonzalez, a medical specialist who owed back taxes to the IRS but was paying them back, submitted a FOIA request to the IRS for records concerning himself. The remainder of his tax debt had gone into collection and he continued to attempt to arrange an installment plan for repayment without success. He finally filed suit after the agency failed to respond to his FOIA request.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Chung Han Hsieh v. United States Citizenship and Immigration Services (filed Aug 13, 2015)
   Chuang Han Hsieh submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Hsieh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Renewal Services v. United States Patent and Trade Office (filed Aug 13, 2015)
   Renewal Services, a company that provides assistance with patent renewal applications, submitted a FOIA request to the U.S. Patent and Trade Office for records containing addresses, issuance date, and patent number for all patents issued since 2002. Renewal Services said its request was necessitated because the Patent Office has discontinued including patent holders’ mailing addresses on patents and that search restrictions on its database made it impossible for Renewal Services to download the information. The Patent Office told Renewal Services that the information was publicly available through its database. Renewal Services appealed the agency’s decision, which was upheld. Renewal Services then filed suit.
   Issues: Litigation – Attorney’s fees, Withholding not related to exemption claims
8. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF ENERGY (filed Aug 13, 2015)
   The Center for Public Integrity submitted a FOIA request to the Department of Energy for records concerning a specific investigation by the Office of Inspector General. OIG indicated that there were a number of records, but produced only one document with redactions. The Center appealed the redactions and its appeal was denied in part and remanded to OIG for further processing. After OIG failed to disclose any more information consistent with the appeal, the Center filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
9. RAICES, Inc. v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Aug 13, 2015)
   The Refugee and Immigrant Center for Education and Legal Services (RAICES, Inc.) submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an Office of Inspector General investigation that concluded that allegations of rape at the Karnes City, Texas, family detention facility were not substantiated. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, RAICES, Inc. filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. EATON v. FEDERAL BUREAU OF INVESTIGATION (filed Aug 14, 2015)
    Joshua Eaton, a freelance journalist, submitted a FOIA request to the FBI for records concerning First Unitarian Church of Los Angeles. The agency acknowledged receipt of his request and separated the request into three separate requests based on the categories of records he was seeking. After hearing nothing further from the agency, Eaton filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Davis v. U.S. Department of the Air Force (filed Aug 14, 2015)
    Kenneth Russell Davis submitted a FOIA request to the Department of the Air Force for records concerning allegations of espionage made against him by Thomas and Jennifer Missel. The agency denied the request primarily under subsection (j)(2) of the Privacy Act. The agency also cited Exemption 1 (national security) and Exemption 7(C) (invasion of privacy concerning law enforcement records), but did not claim those exemptions protected all the records. Davis then filed suit.
    Issues: Exemption 1

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• MCNEIL v. IRS COMMISSIONER et al (filed Aug 7, 2015)
  Robert McNeil filed suit against the IRS alleging various unconstitutional practices pertaining to the tax system. Although his allegations focused on the intentional maintenance of false information, he did not allege any claim under FOIA.
  Issues: FOIA not mentioned