PUBLIC CITIZEN, INC. v. DEPARTMENT OF HOMELAND SECURITY and 7 other new FOIA lawsuits, plus case descriptions

We have added 77 documents from 8 FOIA cases filed between January 10, 2016 and January 16, 2016. 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. PUBLIC CITIZEN, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Jan 13, 2016)
   Public Citizen submitted a FOIA request to the Department of Homeland Security for a 2013 legal memo from Ingersoll-Rand arguing that DHS’s ban on awarding contracts to U.S. company’s who had moved abroad to avoid U.S. taxes was invalid, the agency’s response to the Ingersoll-Rand memo and any related records. Public Citizen also requested a fee waiver. DHS acknowledged receipt of the request and granted Public Citizen a conditional fee waiver based on whether or not records responsive to Public Citizen’s request were determined to be of public interest. The agency indicated that if Public Citizen’s fee waiver request was turned down it would construe Public Citizen’s submission as an agreement to pay $25.00. Public Citizen told DHS that it had not agreed to pay $25.00. After hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Neal v. Burns et al (MAG+) (filed Jan 14, 2016)
   Joseph Neal sent a letter to Eldridge Burns and Santander Consumer U.S.A. requesting a copy of the company’s surety bond, tax registration certificate, deed of assignment, and deed of novation. The company responded that it was not subject to the Freedom of Information Act. Neal then filed suit. Neal does not have a cause of action under the Freedom of Information Act for Santander’s failure to disclose copies of its records to Neal.
   Issues: FOIA mentioned only tangentially
3. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jan 11, 2016)
   Citizens United submitted six FOIA requests to the Department of State for communications primarily between members of former Secretary of State Hillary Clinton’s staff and various organizations, including the Clinton Foundation. The agency acknowledged receipt of all six requests, but after hearing nothing further from the agency, Citizens United filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. ROSEBERRY-ANDREWS v. PAVLIK-KEENAN (filed Jan 13, 2016)
   Cynthia Roseberry-Andrews submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her employment with the FOIA office. The agency acknowledged her request, but after hearing nothing further, Roseberry-Andrews filed an appeal. After hearing nothing more from the agency, Roseberry-Andrews filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Resendes et al v United States Department of Labor (filed Jan 13, 2016)
   Revoli Construction Company submitted a FOIA request to the Occupational Safety and Health Administration for a copy of an investigation report for an incident in which Joshua Resendes, an employee of Revoli Construction Company, accidentally struck and killed an online detail officer while working at a construction site in West Springfield, Massachusetts. OSHA disclosed a copy of the investigation report with redactions made under Exemption 7(C) (invasion of privacy concerning law enforcement records). Revoli appealed the redactions, but after the agency failed to respond further, Revoli filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. DeWitt v. Commissioner of the Internal Revenue Service (filed Jan 13, 2016)
   Keith DeWitt submitted a FOIA request to the IRS for any 1099-C forms bearing his name or Social Security Number. DeWitt received notice from the agency that the search for his records was complete. However, after hearing nothing further from the agency, DeWitt filed suit.
   Issues: Failure to respond within statutory time limit
7. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jan 14, 2016)
   Citizens United submitted four FOIA requests to the Department of State for communications between various individuals at the Clinton Foundation and staff members of former Secretary of State Hillary Clinton. Citizens United requested expedited processing, which the agency granted for two of the requests. After hearing nothing further from the agency, Citizens United filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. JOHNSON v. UNITED STATES OF AMERICA et al (filed Jan 14, 2016)
   David Johnson submitted a FOIA request to the Equal Employment Opportunity Commission for a report entitled “IRS MD-715 Report,” which apparently pertained to the data breach of OPM records. After the agency failed to respond, Johnson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees