JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al and 12 other new FOIA lawsuits

We have added 108 documents from 13 FOIA cases filed between March 13, 2016 and March 19, 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. JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al (filed Mar 18, 2016)
   The James Madison Project and journalist Shane Harris submitted FOIA requests to the FBI, EOUSA, the Department of the Army, the Defense Department, and the CIA for records concerning the investigation of former CIA Director David Petraeus for improperly disclosing classified information and his eventual plea agreement. JMP specifically asked for any assessments of harm to national security and legal assessments of the viability of taking legal action against Petraeus. All the agencies acknowledged receipt of JMP’s request, but after hearing nothing further substantively from the agencies, JMP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Edmondson v. West Virginia State Police Moundsville Division (filed Mar 16, 2016)
   Earl Edmondson requested a copy of his police report from the West Virginia State Police in order to straighten out a problem he was having with the available balance on his credit card. The agency did not respond and Edmondson filed suit. Edmondson may have a claim under the West Virginia FOIA, but not under the federal FOIA.
   Issues: FOIA not mentioned
3. REPUBLICAN NATIONAL COMMITTEE v. UNITED STATES DEPARTMENT OF STATE (filed Mar 14, 2016)
   The Republican National Committee submitted a FOIA request to the Department of State for emails sent to certain State Department officials from email addresses associated with the Clinton campaign. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Republican National Committee filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. REPUBLICAN NATIONAL COMMITTEE v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (filed Mar 14, 2016)
   The Republican National Committee submitted a FOIA request to the U.S. Agency for International Development for emails sent to certain AID officials from email addresses associated with the Clinton campaign. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Republican National Committee filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. REPUBLICAN NATIONAL COMMITTEE v. UNITED STATES DEPARTMENT OF STATE (filed Mar 14, 2016)
   The Republican National Committee submitted three FOIA requests to the Department of State for records concerning training of various State Department officials on handling and securing classified information. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Republican National Committee filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. REPUBLICAN NATIONAL COMMITTEE v. DEPARTMENT OF STATE (filed Mar 14, 2016)
   The Republican National Committee submitted four FOIA requests to the Department of State for visitors’ logs identifying visitors to former Secretary of State Hillary Clinton’s office. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Republican National Committee filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Young v. State of Nevada (filed Mar 14, 2016)
   Michael Young filed suit against the State of Nevada for access to his probation file from the Nevada Probation/Parole Department. While Young has a cause of action under the Nevada public records law, he has no cause of action under the federal FOIA.
   Issues: FOIA not mentioned
8. Atlasware, LLC v. Social Security Administration (filed Mar 15, 2016)
   Atlasware submitted a FOIA request to the Social Security Administration for records showing the names and business addresses of attorneys and non-attorneys representing social security disability claimants who are not eligible for direct payment. The agency denied the request on the basis of Exemption 6 (invasion of privacy). Atlasware appealed, but the agency’s denial was upheld on appeal. Atlasware then filed suit.
   Issues: Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
9. HIGGS v. UNITED STATES PARK POLICE (filed Mar 16, 2016)
   Dustin Higgs is a federal prisoner sentenced to death for a 1998 murder at the Patuxent National Wildlife Refuge in Maryland. Jessica Johnson, an investigator with the Federal Community Defender Office working on Higgs’ appeal, submitted a FOIA request to the U.S. Park Police for records about Higgs’ criminal conviction. The Park Police told Johnson they would require an advance payment of $11,026 to process her request. Johnson appealed the fee estimate and the Park Police agreed to a fee of $910, which the Federal Community Defender Office paid. The agency then decided to deny the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Higgs’ counsel appealed the decision, which was reversed by the Interior Department, which ordered the Park Police to process the request. However, after hearing nothing further concerning the request, Higgs filed suit.
   Issues: Failure to respond within statutory time limit
10. COFFEY v. BUREAU OF LAND MANAGEMENT (filed Mar 17, 2016)
    Debbie Coffey submitted a FOIA request to the Bureau of Land Management for records about the Wild Horse and Burro Program, particularly long-term contracts. The agency acknowledged receipt of Coffey’s request, denied her request for a fee waiver, and told her the estimated cost of her request would be $1,680, which Coffey agreed to pay. Coffey sent a check to the agency. The agency indicated that her request was being processed, but after hearing nothing further from the agency, Coffey filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. American Civil Liberties Union v. Administration for Children and Families (filed Mar 17, 2016)
    The ACLU submitted a FOIA request to the Administration for Children and Families for materials related to the U.S. Conference for Catholic Bishops’ application and final award of funding for services for victims of human trafficking. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. FREEDOM WATCH, INC. v. U.S. STATE DEPARTMENT (filed Mar 18, 2016)
    Freedom Watch submitted a FOIA request to the Department of State for records concerning Huma Abedin, an aide to former Secretary of State Hillary Clinton. Freedom Watch also requested a fee waiver. After hearing nothing further from the agency, Freedom Watch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
13. Jarrell v. McDonald et., al. (filed Mar 18, 2016)
    Stephen Jarrell submitted a FOIA request to the Department of Veterans Affairs for records concerning various claims he had submitted. While some of his claims challenged the accuracy and maintenance of his records, others requested disclose of the records. After the agency failed to respond, he filed suit.
    Issues: Failure to respond within statutory time limit