American Civil Liberties Union et al v. National Security Council and 14 other new FOIA lawsuits, plus case descriptions

We have added 66 documents from 15 FOIA cases filed between November 15, 2015 and November 28, 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. American Civil Liberties Union et al v. National Security Council (filed Nov 24, 2015)
   The ACLU of Virginia submitted a FOIA request to the National Security Council for records concerning the policy of targeted drone killings. The NSC responded that it was not subject to FOIA. The ACLU of Virginia then filed suit.
   Issues: Agency – Federal, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Rosiere v. United States of America (filed Nov 16, 2015)
   Shaun Rosiere, a prisoner, submitted a FOIA request to the Department of Justice for records about his criminal case. After the agency failed to respond, Rosiere filed suit.
   Issues: Failure to respond within statutory time limit
3. CENTER FOR BIOLOGICAL DIVERSITY, INC. v. BUREAU OF LAND MANAGEMENT (filed Nov 17, 2015)
   The Center for Biological Diversity submitted a FOIA request to the Bureau of Land Management for records concerning the Predator Derby, an event designed to shoot wolves, coyotes and other predators that had taken place on BLM lands in eastern Idaho. BLM located 36 pages, but withheld 26 pages under Exemption 5 (privileges). The Center appealed the decision, but after hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. BROOK v. TETI et al (filed Nov 17, 2015)
   Adam Brook, a doctor in New York, submitted five FOIA requests to the Department of Health and Human Services for records concerning himself and the National Practitioners Database. In response to one of his requests, the agency indicated that access to the database was restricted by statute. Brook appealed that decision, arguing that the statute only prohibited the identities of practitioners from being disclosed and not non-identifiable data about reported adverse actions. Brook later discovered a Federal Register notice that appeared to indicate that HHS planned to destroy much of the non-adverse action-related data from the database. He wrote a letter protesting that potential action. After hearing nothing further from the agency concerning his appeal, Brook filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit
5. Center for Biological Diversity et al v. Bureau of Land Management (filed Nov 17, 2015)
   The Center for Biological Diversity and the Western Watersheds Project submitted a FOIA request to the Bureau of Land Management for records concerning the Predator Derby, an event designed to shoot wolves, coyotes and other predators that had taken place on BLM land in eastern Idaho. After waiting 51 business days for an agency response, the Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. American Civil Liberties Union et al v. Department of Justice of The United States et al (filed Nov 17, 2015)
   The ACLU submitted a FOIA request to the Department of Justice and the National Security Agency for a copy of any Office of Legal Counsel memos interpreting common commercial service agreements. The agencies acknowledged receipt of the requests. OLC ultimately responded indicating that records were being withheld under Exemption 5 (privileges). The ACLU appealed to the Office of Information Policy, but after hearing nothing further about its request, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. American Civil Liberties Union Foundation v. Department Of Homeland Security et al (filed Nov 17, 2015)
   The ACLU submitted a FOIA request to the Department of Homeland Security for records related to the juvenile referral program, which consists of juveniles held in high-security detention centers for allegedly guiding other migrants across the Mexican border. U.S. Customs and Border Protection responded by disclosing 113 heavily redacted pages. The ACLU appealed the decision, but the appeal had not been resolved by the time the ACLU filed suit. None of the other DHS components responded to the request before the ACLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. DEPOLO v.CIRAOLO-KLEPPER et al (filed Nov 18, 2015)
   Louis DePolo filed suit against the IRS alleging that the agency was using falsified tax return information in litigation. He asked the court to order the agency to stop the practice. However, he does not make any claim under FOIA.
   Issues: FOIA not mentioned
9. Lyall v. Federal Bureau of Investigation (filed Nov 18, 2015)
   Marta Lyall submitted a FOIA request to the FBI for records on Carl Harper, allegedly one of the first person’s to use a high-powered rifle to shoot at a crowd. The agency indicated that there were records and Lyall agreed to pay the costs of duplication. However, she learned that she could ask for expedited processing, which apparently was denied. She then filed suit.
   Issues: Expedited processing
10. Dimaggio et al v. United States Department of the Treasury et al (filed Nov 19, 2015)
    Victor and Donna DiMaggio submitted a FOIA request to the IRS for various records related to their taxes. The agency acknowledged receipt of their request and indicated it would take a 10-day extension. After hearing nothing further from the agency, the DiMaggios filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Nov 20, 2015)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning cooperation agreements for the years 2014 and 2015 between the agency and voluntary agencies involving the reception and placement of refugees in the U.S. The agency acknowledged receipt of the request, 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
12. The New York Times Company et al v. Federal Bureau Of Investigation (filed Nov 20, 2015)
    New York Times reporter Charlie Savage submitted a FOIA request to the FBI for reports of the agency’s shooting incident review team and the shooting incident review group since December 2012. He followed up with a second request for the same reports covering a more recent time period. After finding the agency’s response unsatisfactory, particularly since Savage knew of various shootings for which the agency had provided no records, he filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Gahagan v. United States Citizenship and Immigration Services et al (filed Nov 22, 2015)
    Michael Gahagan, an immigration attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for alien files for his clients. He also submitted a FOIA request to U.S. Customs and Border Protection for the same records. When neither agency responded to his request, Gahagan filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. Reddick v. United States Department of Energy (filed Nov 23, 2015)
    Julie Reddick, an employee of the Department of Energy, submitted a FOIA request to the agency for an employee concern investigation report pertaining to her. The agency withheld the report under Exemption 5 (privileges). Reddick appealed the agency’s decision, which was denied. Reddick then submitted a second FOIA request for an employee concern investigation report prepared by a consultant. That report was released with redactions made under Exemption 5. Reddick again appealed the decision, which was upheld. Reddick then filed suit.
    Issues: Exemption 5 – Privileges, Litigation – Recovery of Costs
15. American Civil Liberties Union et al. V. Department of Defense et al. (filed Nov 25, 2015)
    The ACLU submitted FOIA requests to the Department of Defense, the Department of Justice, the Department of State, and the CIA for records related to the torture and rendition program that were identified in the Senate Select Intelligence Report. The ACLU also asked for expedited processing and a fee waiver. Several agencies granted their request for expedited processing and a fee waiver, but none of the agencies had responded substantively when the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver