BROWN v. DEPARTMENT OF STATE and 10 other new FOIA lawsuits, plus case descriptions

We have added 39 documents from 10 FOIA cases filed between September 6, 2015 and September 12, 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. BROWN v. DEPARTMENT OF STATE (filed Sep 7, 2015)
   David Brown submitted a FOIA request to the Department of State for records concerning the decision to allow former Secretary of State Hillary Clinton’s private attorney, David Kendall, to have custody of a thumb drive containing a copy of her email records. Brown also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted Brown’s request for expedited processing and a fee waiver. But after hearing nothing further from the agency, Brown filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Martin, Jr v. Microsoft Corporation (filed Sep 9, 2015)
   Richard Martin filed suit against Microsoft Corporation alleging he had been harassed and assaulted by an employee at Microsoft’s Boston store. This is not a FOIA suit.
   Issues: FOIA not mentioned
3. LOCASCIO v. FEDERAL BUREAU OF INVESTIGATION, et al. (filed Sep 8, 2015)
   Frank LoCascio, a federal prisoner, submitted a FOIA request to the FBI for 644 reels of audio tape recorded near the Ravenite Social Club and used in the trial of John Gotti in 1991. The FBI denied LoCascio’s request under Exemption 7(A)(ongoing investigation or proceeding). LoCascio appealed the decision to the Office of Information Policy, which upheld the decision. Lo Cascio then filed suit.
   Issues: Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees
4. Reddick v. Bondi (filed Sep 8, 2015)
   Eric Reddick sued Pam Bondi for her role in a case in state court in Volusia County, FL. He asked for $240 million in damages for alleged malicious prosecution. He does not cite to the Freedom of Information Act. This is not a FOIA case.
   Issues: FOIA not mentioned
5. Reddick v. Johnson (filed Sep 8, 2015)
   Eric Reddick sued Ben Johnson for failing to provide information he had requested as part of a case filed in Volusia County, FL. He asked for $92 million in damages for alleged pain and suffering. He cites to the Freedom of Information Act, but he has no cause of action under the federal FOIA.
   Issues: FOIA not mentioned
6. Reddick v. Hunnefeld (filed Sep 8, 2015)
   Eric Reddick sued Ralph Hunnefeld, alleging Hunnefeld had failed to disclose a firearms report pertaining to a case in Volusia County, FL. He asked for $92 million in damages for impairment of liberty. He mentions the Freedom of Information Act, but his only public records claim would be under Florida law and not the federal FOIA.
   Issues: FOIA mentioned only tangentially
7. SLAUGHTER v. NATIONAL SECURITY AGENCY et al (filed Sep 9, 2015)
   Dustin Slaughter submitted FOIA requests to the National Security Agency and the CIA for records concerning the Occupy Philly Movement. The NSA issued a Glomar response neither confirming nor denying the existence of records concerning the Occupy Philly Movement. The CIA said it did not have jurisdiction over domestic surveillance. Slaughter appealed both decisions, but after neither agency responded, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JAMES MADISON PROJECT et al v. DEPARTMENT OF STATE (filed Sep 10, 2015)
   The James Madison Project and Shane Harris, a reporter for the Daily Beast, jointly submitted a FOIA request to the Department of State for records concerning why David Kendall, Hillary Clinton’s private attorney, was allowed to keep a thumb drive copy of her emails. JMP also requested expedited processing, which the agency granted. But after hearing nothing further from the agency, JMP and Harris filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. NOLEN v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 10, 2015)
   Austin Nolen, a writer for an alternative newspaper in Philadelphia, submitted five FOIA requests to the FBI. He appealed adverse denials of several requests to the Office of Information Policy. After the agency failed to respond to either his initial requests or his subsequent appeals, Nolen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Reddick v. Johnson (filed Sep 11, 2015)
    Eric Reddick sued Ben Johnson of the Volusia County Sheriff’s Office for his failure to disclose informant worksheets pertaining to Reddick’s drug charges. He asked for $92 million in damages for failure to properly prepare the records. Reddick might have a cause of action under Florida’s public records law, but not under the federal FOIA.
    Issues: FOIA mentioned only tangentially

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

• Ecological Rights Foundation v. Federal Emergency Management Agency (filed Sep 5, 2015)
  The Ecological Rights Foundation submitted a FOIA request to the Federal Emergency Management Agency for records concerning the potential effect of the National Flood Insurance Program on California habitats protected under the Endangered Species Act. The agency acknowledged receipt of the request, but the Foundation heard nothing further from the agency. The Foundation alleged that FEMA has not responded to a large number of requests from various organizations pertaining to its NFIP policies. As a result, the Foundation filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees