AMERICAN CIVIL LIBERTIES UNION v. DEPARTMENT OF JUSTICE and 11 other new FOIA lawsuits

We have added 57 documents from 11 FOIA cases filed between April 10, 2016 and April 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. AMERICAN CIVIL LIBERTIES UNION v. DEPARTMENT OF JUSTICE (filed Apr 14, 2016)
   The ACLU submitted a FOIA request to the Bureau of Prisons for records concerning the agency’s involvement with operating a detention center in Afghanistan that was referred to in the Senate torture report. The agency acknowledged receipt of the request. It responded to the request by telling the ACLU that it could find no records. The ACLU appealed BOP’s decision to OIP, which upheld the agency’s decision. The ACLU then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
2. SANCHEZ-ALANIS v. FEDERAL BUREAU OF PRISONS (filed Apr 14, 2016)
   Martin Sanchez-Alanis, a federal prisoner, submitted four FOIA requests to the Bureau of Prisons for records about himself. After the agency failed to respond to any of his request, Sanchez-Alanis filed suit
   Issues: Failure to respond within statutory time limit
3. ALLEN v. FEDERAL BUREAU OF PRISONS (filed Apr 14, 2016)
   Isaac Allen, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for a copy of a written explanation of why Allen was denied access to the prison’s messaging system for a year. The agency indicated that it needed to consult with another agency concerning the request. Allen then filed suit.
   Issues: Litigation – Recovery of Costs, Search – Referral
4. RCB International, Ltd. v. Labbeemint, Inc. (filed Apr 14, 2016)
   RCB International sued Labbeemint, Inc for misappropriationof a plant it had developed to be used in mint-flavored menthol tobacco products. RCB filed suit against Labbeemint for damages. This is not a FOIA case.
   Issues: FOIA not mentioned
5. FREE MARKET ENVIRONMENTAL LAW CLINIC et al v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed Apr 11, 2016)
   The Energy & Environment Legal Institute and the Free Market Environmental Law Clinic submitted a FOIA request to the SEC for emails and text messages sent to or from SEC Commissioner Kara Stein and a list of specific individuals that referenced the term “climate risk.” The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the two organizations filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. Center for Biological Diversity v. U.S. Fish and Wildlife Service (filed Apr 11, 2016)
   The Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning a feasibility review of the Red Wolf recovery program. The agency acknowledged receipt of the request. The agency provided a partial response of eight records, but after inquiring several times about the status of the request without success, the Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE (filed Apr 13, 2016)
   The Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records concerning detailed financial statements for 2014 for the National Organic Program and NOP’s 2015 budget. The agency responded with a one-page document concerning its 2015 budget. The Cornucopia Institute tried to clarify the kinds of records it was seeking, but after hearing nothing further from the agency, the Cornucopia Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") v. DEPARTMENT OF STATE (filed Apr 15, 2016)
   The Federation for American Immigration Reform submitted several FOIA requests to the Department of State concerning the number of applicants for various asylum programs for Central American countries. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Federation filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. AGRAMA v. INTERNAL REVENUE SERVICE (filed Apr 15, 2016)
   Frank Agrama submitted a FOIA request to the IRS for records concerning the agency’s finding that he owned shares in foreign companies that were required to submit a certain form which had not been submitted. Agrama indicated that he would not consent to the agency’s request to take an extension to respond to his request. The agency sent him a letter indicating it would take an extension and Agrama filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. AQUALLIANCE v. UNITED STATES ARMY CORPS OF ENGINEERS (filed Apr 15, 2016)
    Aqualliance, a non-profit group focused on protecting the coastal waters of Northern California, submitted a FOIA request to the U.S. Army Corps of Engineers for applications pertaining to PN# SPK 2008-00861 related to the California Water Fix Project. The agency provided records but withheld names, addresses, and other identifying information in the records under Exemption 6 (invasion of privacy). Aqualliance appealed the agency’s decision, which was upheld. Aqualliance then filed suit.
    Issues: Adequacy – Search, Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
11. Passino vs. Social Security Administration (filed Apr 15, 2016)
    Kristerper Passino submitted a FOIA request to the Social Security Administration for records about himself. After hearing nothing further from the agency, Passino filed an appeal. After hearing nothing further pertaining to his request or appeal, Passino filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• SARNO v. UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES et al (filed Apr 8, 2016)
  Michael Sarno, a federal prisoner, submitted FOIA requests to the Bureau of Alcohol , Tobacco and Firearms, and the Tax Division of the Department of Justice for records about his criminal conviction. BATF did not respond and Sarno filed an appeal with OIP because of the delay. BATF then began processing his request, but Sarno heard nothing further from the agency. The Tax Division referred his request to the IRS and EOUSA. Both the IRS and EOUSA responded to Sarno’s request and denied most of the responsive records. Sarno then appealed those decisions. After hearing nothing further, Sarno filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs