THE JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al and 9 other new FOIA lawsuits, plus case descriptions

We have added 58 documents from 10 FOIA cases filed between January 17, 2016 and January 23, 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. THE JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al (filed Jan 22, 2016)
   The James Madison Project and Ken Dilanian submitted FOIA requests to a number of agencies for records concerning Thomas Drake, a former NSA employee who was accused of espionage. Various components of the Justice Department and other agencies acknowledged the JMP’s requests, but after hearing nothing further from the agencies, JMP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Rosiere v. USA (filed Jan 19, 2016)
   Shaun Rosiere submitted a number of FOIA requests to the Department of Justice for records concerning his criminal case. He apparently did not hear from the agency on any of his requests. He then filed suit.
   Issues: Failure to respond within statutory time limit
3. Siegelman v. United States Department of Justice et al (filed Jan 18, 2016)
   Joseph Siegelman submitted a FOIA request to the Department of Justice for a report prepared by the Office of Professional Responsibility concerning its investigation of allegations of prosecutorial misconduct in the prosecution of former Alabama Governor Don Siegelman. The agency acknowledged receipt of the request. It then denied the request based on Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Siegelman appealed the denial, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. DEPARTMENT OF THE INTERIOR (filed Jan 19, 2016)
   The Energy & Environmental Institute submitted a FOIA request to the Department of the Interior for records related to stream buffer regulations sent to two specific agency email accounts. EEI also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ROSIERE v. UNITED STATES OFAMERICA (filed Jan 19, 2016)
   Shaun Rosiere submitted a FOIA request to the Department of Justice for records about his criminal case in New Jersey. After the agency failed to respond, he filed suit.
   Issues: Failure to respond within statutory time limit
6. National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al (filed Jan 19, 2016)
   The National Day Laborer Organizing Network and several other public interest organizations submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the Priority Enforcement Program. The agencies had disclosed five documents when the organization filed suit for the agency’s failure to respond more fully.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. THE CORNUCOPIA INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Jan 20, 2016)
   The Cornucopia Institute submitted a FOIA request to the Department of Agriculture for names and background information of individuals who had applied for four vacancies on USDA’s National Organic Standards Board. The agency acknowledged receipt of the request. The Cornucopia Institute emailed the agency asking if it could amend its request. The agency told Cornucopia that it could amend its request but needed to do so by sending a letter. Cornucopia amended its request, which was acknowledged by the agency. However, after hearing nothing further from the agency, Cornucopia filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jan 21, 2016)
   Citizens United submitted four FOIA requests to the Department of State for records concerning emails to or from several members of former Secretary of State Hillary Clinton’s staff and various named individuals. The agency acknowledged receipt of the requests, but after hearing 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
9. SHOEMAKER v. UNITED STATES DEPARTMENT OF COMMERCE (filed Jan 21, 2016)
   Jason Shoemaker submitted several FOIA requests to the Department of Commerce for records concerning emails sent to or from supervisor Robert Tomiak containing certain specified terms. The agency acknowledged receipt of the request and after prompting from Shoemaker indicated it would disclose records. However, after hearing nothing further from the agency, Shoemaker filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Ivey v. Atwater (filed Jan 21, 2016)
    Steven Ivey requested records about his complaint and any subsequent investigation of Aircraft Services International Group from Jeff Atwater, Chief Financial Officer of the Florida Department of Financial Services. Ivey apparently received no response and he then filed suit. Although Ivey may have a cause of action under the Florida public records act, this is not a FOIA suit.
    Issues: FOIA not mentioned