Kuzma v. U.S. Department of Justice and 6 other new FOIA lawsuits

We have added 34 documents from 7 FOIA cases filed between May 1, 2016 and May 7, 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. Kuzma v. U.S. Department of Justice (filed May 4, 2016)
   Michael Kuzma submitted a FOIA request to the FBI for records concerning Terrence Moon, an FBI informant and former D.C. police officer who was involved in the shooting of four students at Kent State University in 1970. The agency denied the request and Kuzma filed an administrative appeal. The agency’s decision as upheld on appeal and Kuzma filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
2. ETESSAMI v. CUSTOMS AND BORDER PROTECTION (filed May 2, 2016)
   Alireza Etessami submitted a FOIA request to Customs and Border Protection for parole records showing that his presence in the U.S. in 2011-2013 was lawful. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Etessami filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. BURKE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 3, 2016)
   Paul Burke submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning suggested guidance to medical providers in Accountable Care Organizations, some of which the organizations are required to provide to Medicare patients. The agency located 17 responsive pages, but withheld them under Exemption 5 (privileges). Burke filed an administrative appeal arguing that the records cannot be privileged because they were shared with outside medical organizations. Burke also contacted OGIS, which told Burke that his request was pending without any estimated completion date. After hearing nothing from the agency concerning his appeal, Burke filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FARMER v. UNITED STATES DEPARTMENT OF THE NAVY (filed May 3, 2016)
   John Farmer, a Navy veteran, submitted a FOIA request to the Department of the Navy for his records as part of his attempt to correct his records. He received some of the records, but the Board of Corrections of Naval Records refused to provide a copy of his full file and told him to withdraw his case so that his file could be sent back to the National Personnel Records Center. Farmer then filed suit.
   Issues: Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed May 6, 2016)
   Judicial Watch submitted five FOIA requests to the Secret Service for records concerning travel by VIPs. The agency acknowledged receipt of all five requests, 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
6. Moore v. Obama (filed May 6, 2016)
   Eric Moore filed suit against the government, as well as a number of international institutions, citing various alleged constitutional claims. One of his claims mentions that he did not receive a response to his FOIA request within the statutory time limit, but the complaint does not clarify whether there was such a FOIA request filed or not. While Moore’s complaint mentions FOIA, FOIA is at best tangential to his claims.
   Issues: FOIA mentioned only tangentially
7. Carter v. United States of America et al (filed May 6, 2016)
   Orlando Carter submitted a FOIA request to the U.S. Attorney’s Office in Cincinnati for records concerning the agency’s claim that Carter’s business had a creditor obligation to PNC Bank. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Carter filed suit.
   Issues: Failure to respond within statutory time limit