FOIA Activity: 75 new FOIA court documents

We have added 75 documents from 14 FOIA cases filed between June 5, 2016 and June 11, 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. Pianka v. USCIS (filed Jun 10, 2016)
   Victor Pianka, who was being held at Eloy Detention Center, submitted a FOIA request to U.S. Citizenship and Immigration Services concerning his detention. The agency redacted personally identifying information under Exemption 6 (invasion of privacy). Pianka does not indicate that he submitted an administrative appeal. Nevertheless, he filed suit.
   Issues: Failure to respond within statutory time limit
2. RCB International, Ltd. v. Labbeemint, Inc. (filed Jun 10, 2016)
   RCB International filed suit against Labbeemint, Inc. claiming Labbeemint improperly used its technology in producing its mint oil. This is not a FOIA case.
   Issues: FOIA not mentioned
3. AMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 6, 2016)
   The American Immigration Council submitted a FOIA request to the Department of Homeland Security for records concerning complaints filed against Customs and Border Protection agents since 2012. After hearing nothing from the agency, the American Immigration Council filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. THE GOOD FOOD INSTITUTE v. FOOD AND DRUG ADMINISTRATION (filed Jun 6, 2016)
   The Good Food Institute submitted three FOIA requests to the FDA for records concerning communications with third parties and the decision-making process pertaining to three warning letters sent by the agency. One component of the agency responded to one of the requests, but after hearing nothing further from the agency, the Good Food Institute filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CRUMPACKER v. CIRAOLO-KLEPPER et al (filed Jun 6, 2016)
   Mark Crumpacker filed suit against the IRS alleging that the collection of taxes was unconstitutional and that the agency was intentionally falsifying information. While Crumpacker cites the Constitution as a basis for his suit, he does not cite to FOIA. This is not a FOIA suit.
   Issues: FOIA not mentioned
6. Carter v. USDA et al (filed Jun 7, 2016)
   Jennifer Carter submitted requests to the Department of Agriculture. The responses she received had redactions and/or no records. She submitted an appeal, but after hearing nothing further from the agency, she filed suit.
   Issues: Failure to respond within statutory time limit
7. Gillman v. United States of America et al (filed Jun 7, 2016)
   Zachary Gillman filed suit against the Department of Veterans Affairs alleging that his claims file had multiple inaccuracies. Although he cites FOIA as the cause of action for his suit, his case is actually brought under the Privacy Act. This is not a FOIA case.
   Issues: FOIA not mentioned
8. CAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF JUSTICE (filed Jun 8, 2016)
   The Campaign for Accountability sent a letter to the Department of Justice requesting the agency make its Office of Legal Counsel opinions public under the affirmative disclosure requirement of the FOIA. The agency refused and the Campaign for Accountability filed suit. CFA filed suit as a follow-up to CREW’s recently decided litigation in which Judge Amit Mehta suggested that the affirmative disclosure requirements in FOIA could be enforced under FOIA.
   Issues: Affirmative disclosure
9. SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS (filed Jun 8, 2016)
   The Sierra Club submitted a FOIA request to the U.S. Army Corps of Engineers’ Little Rock District for records of a permit issued under the Clean Water Act. The agency acknowledged receipt of the request and told the Sierra Club that there might be exempt information that would have to be reviewed at another office. After hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE (filed Jun 8, 2016)
    PEER submitted a FOIA request to the National Park Service for records concerning gifts and free services received by Park Service Director Jonathan Jarvis from 2010 to the present. The agency acknowledged receipt of the request, but after hearing nothing further, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Labuda v. US Department of Veterans Affairs (filed Jun 8, 2016)
    Kathleen Labuda submitted a FOIA request to the Department of Veterans Affairs for records concerning the Enhanced Use Lease between the agency and Fort Howard Development. The agency denied her request under Exemption 4 (confidential business information). Labuda filed an appeal, but after hearing nothing further from the agency, Labuda filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Tri-Valley Cares v. Department of Energy et al (filed Jun 10, 2016)
    Tri-Valley Cares submitted several FOIA requests to the National Nuclear Security Administration, a component of the Department of Energy, for records concerning various facilities. The agency acknowledged receipt of the requests, but after hearing nothing further, Tri-Valley Cares filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Tri-Valley Cares v. Department of Energy et al (filed Jun 10, 2016)
    Tri-Valley Cares submitted several FOIA requests to the National Nuclear Security Administration, a component of the Department of Energy, for records concerning various facilities. The agency acknowledged receipt of the requests, but after hearing nothing further, Tri-Valley Cares filed suit. This is a duplicate of 3:16-cv-03197.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Ferrell v. United States Air Force (filed Jun 10, 2016)
    Jennifer Farrell submitted a FOIA request to the Department of the Air Force for a copy of an investigation conducted in response to her sexual harassment complaint. After Farrell’s attorney tried to contact the agency several times concerning the request without success, Farrell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees