LONG et al v. CENTRAL INTELLIGENCE AGENCY and 29 other new FOIA lawsuits, plus case descriptions
We have added 153 documents from 30 FOIA cases filed between October 11, 2015 and October 24, 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.
- LONG et al v. CENTRAL INTELLIGENCE AGENCY (filed Oct 20, 2015)
Susan Long and David Burnham, co-directors of TRAC, submitted three FOIA requests to the CIA for records concerning its processing of FOIA requests. TRAC also requested inclusion in the news media fee category as well as a fee waiver. The agency acknowledged receipt of the request, but denied the request on the basis that its records systems were not configured in a way in which a search could be conducted. TRAC appealed the denial, but the agency told TRAC that since its request was denied because of processing problems the right to appeal administratively did not apply. TRAC’s second FOIA request was largely the same as the first. The agency rejected that request on the same basis as the first request. TRAC’s third request was much more detailed and focused on records pertaining to FOIA processing that could be searched. This time, the CIA told TRAC that one item was being rejected because a search would be unduly burdensome, and that while TRAC could appeal that decision, the agency recommended it be allowed to continue to process the other items in the request. TRAC then filed suit.
Issues: Adequacy – Search, Choice of format – Burdensome, Litigation – Attorney’s fees - Byrd v. Director of Corrections (filed Oct 14, 2015)
Houston Byrd, a California state prisoner, filed suit against the Director of Corrections alleging that he had been denied access to records pertaining to his sentence. While Byrd may have a cause of action under the California Public Records Act, which applies to state agencies, he does not have a cause of action under the federal Freedom of Information Act.
Issues: FOIA not mentioned - JOHNSON v. DIRECTOR OF BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES et al (filed Oct 14, 2015)
Alan Johnson, a federal prisoner, submitted three FOIA requests to the Bureau of Alcohol, Tobacco and Firearms for records concerning his conviction on federal firearms charges. Johnson had previously been convicted on state charges in Texas and alleged that the BATF had provided him the documents he was now requesting at that time. Although the agency told Johnson it had responded to his requests in 2013 and 2014, after the agency failed to respond further, Johnson filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - DISLA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Oct 14, 2015)
Edwin Disla, a federal prisoner who had been convicted on drug charges, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records about himself. ICE told Disla that after conducting a search it found no responsive records. Disla appealed the no records response and his request was remanded to ICE for another search. However, after waiting more than a year without any further progress on his request, Disla filed suit.
Issues: Failure to respond within statutory time limit - FRANCIS v. UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY et al (filed Oct 14, 2015)
Henry Francis, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the basis for his offense level. The agency responded by telling Francis that the records he sought were probably available from the probation office in Florida that handled his case. Francis appealed to the Office of Information Policy, which concluded that EOUSA properly told Francis that it had no responsive records. Francis then filed suit.
Issues: Adequacy – Search - LAWSON v. BORDLEY (filed Oct 16, 2015)
Tyree Lawson, a state prisoner in Pennsylvania, submitted a FOIA request to the U.S. Marshals Service for a letter confirming that certain named individuals had not been deputized by the Marshals Service. The agency told Lawson that it had no records responsive to his request. Lawson appealed that decision, but after hearing nothing further from the agency, Lawson filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Kroupa v. United States Department of Justice (filed Oct 14, 2015)
Daniel Kroupa submitted a FOIA request to the FBI for records concerning complaints about his attempts to contact certain individuals. The FBI told Kroupa that the records were protected by Exemption 7(A) (interference with ongoing investigation or proceeding). Kroupa appealed to the Office of Information Policy, which concluded that Exemption 7(A) was no longer applicable and ordered the FBI to disclose all releasable records. The FBI acknowledged receipt of the remanded request and told Kroupa that his request was part of the agency’s backlog. After hearing nothing further from the agency, Kroupa filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Better Government Association v. Federal Bureau of Investigation (filed Oct 13, 2015)
The Better Government Association submitted a FOIA request to the FBI for records concerning why the agency had developed a section on its website devoted to “Fun and Games.” The agency told BGA that after searching its central records system it found no records responsive to the organization’s request. BGA asked the FBI to conduct a more extensive search. The agency acknowledged receipt of the request, but after hearing further from the agency, BGA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Bower v. Federal Bureau of Investigations et al (filed Oct 13, 2015)
Mary Bower filed suit against the FBI and CIA for records concerning her father’s involvement in the Bay of Pigs operation. Bower was raised believing her father had died in an accident, but now believes that he was captured during the Bay of Pigs operation, tortured, but eventually escaped. She believes that the FBI is investigating her. Her suit asks that both agencies open their records, but does not explain what she is looking for. While she describes a demand of sorts for records, there is no indication in her complaint that she ever submitted a FOIA request to either agency.
Issues: FOIA not mentioned - Bower v. Social Security Administration et al (filed Oct 13, 2015)
Mary Bower filed suit against the Social Security Administration for her records. She alleged that she was entitled to a portion of her former husband’s disability pension. While she asks the court to order the SSA to disclose her records, there is nothing in her complaint suggesting that she made a FOIA request for her records.
Issues: FOIA not mentioned - POWDER RIVER BASIN RESOURCE COUNCIL et al v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Oct 14, 2015)
The Powder River Basin Resource Council and six other environmental groups in the Rocky Mountain area sent a consolidated request to the Bureau of Land Management for records concerning applications to vent or flare under “Notice to Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases.” After several exchanges with the agency over a period of a year without any further processing of the groups’ consolidated request, Powder River Basin Resource Council and the six other environmental groups filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Oct 16, 2015)
Judicial Watch submitted two FOIA requests to the Department of State. The first request asked for a list of employees who were required to take the course on handling classified or sensitive information given by the Foreign Service Institute and the names of any employees whose classification authority was suspended for failure to complete the FSI class. The second request asked for records showing the successful completion of the FSI course on handling classified or sensitive information by former Secretary of State Hillary Clinton, and her aides, Huma Abedin and Cheryl Mills. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, 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 HEALTH AND HUMAN SERVICES (filed Oct 16, 2015)
Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning any contract or consulting agreement between the agency and Dr. Deborah Nucatola pertaining to her work on the 2014 report “Providing Quality Family Planning Services.” Judicial Watch submitted a second FOIA request to the Centers for Disease Control and Prevention for records concerning any contract or consulting agreement between CDC and Nucatola. Both components acknowledged receipt of the requests, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - LANDMARK LEGAL FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Oct 16, 2015)
Landmark Legal Foundation submitted two FOIA requests to the Department of Justice. The first request was submitted to the Office of Information Policy for records concerning the use of personal email accounts by senior DOJ officials to conduct public business. The second FOIA request asked for records concerning the creation and maintenance of any alias email accounts for senior DOJ officials. The agency did not respond to Landmark’s alias request or Landmark’s appeal of the delay. DOJ responded to the request for personal emails by indicating that it had no records. Landmark appealed to OIP, which concluded that the agency could not conduct a search for personal emails. Landmark then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 16, 2015)
Judicial Watch submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning letters sent by USCIS to holders of green cards urging them to become naturalized citizens before the 2016 election. After the agency failed to respond within the statutory time limit, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - REDBURN v. UNITED STATES DEPARTMENT OF STATE (filed Oct 19, 2015)
Michele Redburn submitted a FOIA request to the Department of State for records concerning the non-alien file application for an H-1B work visa which was denied in 2002 to her client Rakeshkumar Patel. After hearing nothing from the agency, Redburn filed suit.
Issues: Failure to respond within statutory time limit - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Oct 19, 2015)
Citizens United submitted a FOIA request to the Department of State for records concerning former Secretary of State Hillary Clinton’s official schedule. The agency granted Citizens United expedited processing, but after waiting more than seven months for a response, Citizens United 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 JUSTICE (filed Oct 20, 2015)
Judicial Watch submitted a FOIA request to the FBI for records concerning correspondence sent to or from the FBI’s Minneapolis Field Office concerning a 2014 explosion and fire at the Riverside apartment complex. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limit, 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 Oct 20, 2015)
Judicial Watch submitted a FOIA request to the Department of State for records concerning any SF-50s or SF-52s filed by Catherine Duval, a State Department attorney reportedly heading up the project to release former Secretary of State Hillary Clinton’s emails. The agency acknowledged receipt of the request, but after hearing further from the agency, 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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 20, 2015)
Judicial Watch submitted a FOIA request to the National Archives and Records Administration for records concerning draft indictments of Hillary Clinton created as part of the investigation of the Clintons during the Clinton administration. The agency acknowledged receipt of the request and admitted that it had found 238 responsive pages in two separate files. The agency denied the request entirely on the basis of Exemption 7(C) (invasion of privacy concerning law enforcement records). Judicial Watch submitted an administrative appeal, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - MACLEOD v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 20, 2015)
William MacLeod, a Canadian national, filed suit against the Department of Homeland Security, the NSA, and the General Services Administration alleging they had denied access to various records. MacLeod claimed a cause of action under FOIA, but there is no indication that he filed a request with any agency.
Issues: Adequacy – Search - Bettwieser v. Gans et al (filed Oct 20, 2015)
Martin Bettweiser, a rural mail carrier, submitted a FOIA request to a U.S. Postal Service station in Boise. After several attempts to ascertain the status of his request, Bettweiser finally filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Hinton v. Peek et al (filed Oct 20, 2015)
Robert Hinton submitted a FOIA request to the Chicago office of the Department of Veterans Affairs for records about himself. After Hinton heard nothing further from agency, he filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 21, 2015)
Citizens United submitted a FOIA request to the National Archives and Records Administration for records concerning a review NARA conducted in April 2015 to determine if some of Hillary Clinton’s emails were federal records or personal records. The agency acknowledged receipt of the request, but despite an inquiry by Citizens United as to the status of its request, Citizens United heard nothing further about the request. Citizens United then filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - MCKINLEY v. FEDERAL DEPOSIT INSURANCE CORPORATION (filed Oct 21, 2015)
Vern McKinley submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning the agency’s analysis of whether Citibank should have been placed in receivership after the financial debacle. The agency located 134 pages which were withheld under a combination of Exemption 4 (confidential business information), Exemption 5 (privileges) and Exemption 8 (bank examination records). McKinley appealed the agency’s determination, which was upheld on appeal. He then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 21, 2015)
Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning requests for waivers by senior officials to use personal email accounts. After hearing nothing further from the agency, 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 THE TREASURY (filed Oct 21, 2015)
Judicial Watch submitted a FOIA request to the Department of Treasury for records concerning email communications between the agency and clintonemail.com. The agency acknowledged receipt of the request, but after hearing nothing further, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - DAILY CALLER v. U.S. DEPARTMENT OF STATE (filed Oct 21, 2015)
The Daily Caller submitted five FOIA requests to the Department of State for records concerning former Secretary of State Hillary Clinton’s use of a private email server. Another request asked for processing notes from previous requests submitted by the Daily Caller. The agency granted the Daily Caller expedited processing and a fee waiver for at least one of its requests. But after the agency failed to respond to any of its outstanding requests, the Daily Caller filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver - Greenberger v. Internal Revenue Service (filed Oct 22, 2015)
Robert Greenberger submitted a FOIA request to the IRS for records concerning himself. The agency acknowledged receipt of the request and told Greenberger that it would be unable to respond within 20 days. After hearing nothing further from the agency, Greenberger filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Wilson et al v. Department of the Treasury et al (filed Oct 22, 2015)
David and John Wilson submitted a FOIA request to the IRS for records about themselves. After the agency requested four separate extensions of time, the Wilsons filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
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