Broward Bulldog, Inc. et al v. U.S. Department of Justice et al and 21 other new FOIA lawsuits

We have added 148 documents from 22 FOIA cases filed between June 12, 2016 and June 25, 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. Broward Bulldog, Inc. et al v. U.S. Department of Justice et al (filed Jun 15, 2016)
   The Broward Bulldog, a publication in Southern Florida, submitted several FOIA requests to the Department of Justice for records concerning the FBI investigation of a flight from Sarasota airport with a Saudi family just after 9/11. Although the agency had initially indicated that it had few if any records, further processing located more than 80,000 potentially responsive records in the FBI’s Tampa field office. The agency provided a small number of documents, but after the agency failed to provide any further response, the Broward Bulldog filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY et al (filed Jun 21, 2016)
   The ACLU submitted FOIA requests to intelligence agencies for records concerning their pre-publication review processes. The ACLU also requested expedited processing and a fee waiver. The agencies either denied the ACLU’s requests for expedited processing and a fee waiver or failed to respond. The ACLU filed administrative appeals of those denials, but after hearing nothing further from the agencies, the ACLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. GERHARD v. FEDERAL BUREAU OF PRISONS (filed Jun 13, 2016)
   Jason Gerhard, a prison reporter, submitted a FOIA request to the Bureau of Prisons for donation records and records related to the contract for the copying machine in the prison law library. The agency acknowledged receipt of the request. The agency told Gerhard that it had already disclosed the donation records to him and that it could not process his request concerning the copying machine without a contract number. Gerhard appealed to the Office of Information Policy, which upheld the agency’s decision. Gerhard then filed suit.
   Issues: Litigation – Recovery of Costs
4. United States of America v. City of Seattle et al (filed Jun 13, 2016)
   The United States filed suit against the City of Seattle to prevent it from disclosing information about the location of law enforcement surveillance cameras on Seattle City Light poles and property in response to a Washington Public Records Act request submitted by a Seattle television station. The government claimed the information was sensitive law enforcement information that was prohibited from disclosure by the PRA. While this is not directly a FOIA case, it is essentially a reverse-FOIA action in which the U.S. government is attempting to block disclosure under Washington state law.
   Issues: Litigation – Reverse-FOIA
5. WILLIS v. CIA (filed Jun 13, 2016)
   Callen Willis, who believed she was being abused by criminal rings and was being watched by the CIA, submitted a FOIA request to the CIA for records concerning her communications with the agency in regard to other FOIA requests. The agency issued a Glomar response neither confirming nor denying the existence of records. After the agency failed to respond any further, Willis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Turner v. United States Forest Service (filed Jun 13, 2016)
   Seth Turner, an advocate for preserving the caves in his area of Southern Illinois, submitted a FOIA request to the U.S. Forest Service for records concerning the gating of the Griffith cave. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Turner filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Brier Creek Integrated Pain & Spine PLLC v. United States Department of Health & Human Services et al (filed Jun 13, 2016)
   Brier Creek Integrated Pain & Spine, a clinic specializing in pain medicine, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning itself and its staff physician. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the clinic filed an appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further, the clinic filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. THEODORE ROOSEVELT NATIONAL PARK (filed Jun 14, 2016)
   PEER submitted two FOIA requests to the Theodore Roosevelt National Park for records concerning a proposed radio tower to be constructed by Verizon. The agency provided a partial response, but after the agency failed to respond to PEER’s inquiries about whether the agency would provide more records, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Jun 14, 2016)
   This docket number appears to be a duplicate of 1:2016-cv-01104 involving the same parties.
   Issues: Housekeeping
10. BUTLER v. UNITED STATES DEPARTMENT OF LABOR et al (filed Jun 14, 2016)
    Sheila Butler submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the agency’s investigation of a natural gas fire that resulted in the death of Butler’s husband. The agency redacted portions of the report under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources). Butler appealed the agency’s redactions, but after hearing nothing further from the agency, she filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. RHODES v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 14, 2016)
    Anthony Rhodes submitted a FOIA request to the FBI for records he felt were relevant to a lawsuit he had filed against the FBI. The agency denied his request under Exemption 7(E) (investigative methods and techniques). Rhodes appealed the denial to the Office of Information Policy, which upheld the denial. Rhodes then filed suit.
    Issues: Litigation – Recovery of Costs
12. Capuder v. Federal Deposit Insurance Corporation (filed Jun 15, 2016)
    Douglas Capuder submitted a FOIA request to the Federal Deposit Insurance Corporation for a copy of the trial transcript in a case brought against Pinchus Raice. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). Capuder appealed the decision, which was upheld. Capuder then filed suit.
    Issues: Litigation – Attorney’s fees
13. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jun 16, 2016)
    The Federation for American Immigration Reform submitted several FOIA requests to the Administration for Children and Families for records including appointment calendars and communications for two officials indicating contacts with various refugee organizations, and the number of unaccompanied children who were eligible to be removed. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. MESSINA LAW FIRM, P.C. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jun 18, 2016)
    The Messina Law Firm submitted a FOIA request to the Department of Justice for records concerning any contacts between the agency and Mark Zuckerberg or his representatives pertaining to a civil action against Zuckerberg in the Western District of New York. The agency acknowledged receipt of the request, but more than a year later the agency still had produced no records. It finally provided an interim response indicating that some DOJ offices did not have any records. Messina Law Firm filed an administrative appeal of the interim decision, but after hearing nothing further from the agency, Messina Law Firm filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
15. HOUSER v. CHURCH et al (filed Jun 22, 2016)
    George Houser, a federal prisoner, submitted FOIA requests to the IRS for records concerning himself. Dissatisfied with the agency’s limited response, Houser filed suit.
    Issues: Failure to respond within statutory time limit
16. Galena Associates, LLC et al v. US Dept of the Treasury et al (filed Jun 20, 2016)
    Galena Associates submitted a FOIA request to the IRS for records of communications between the agency and several individuals and business entities represented by Galena Associates. The agency responded, but withheld seven pages under Exemption 3 (other statutes) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Galena Associates asked the agency to provide a Vaughn index explaining the withholding. The agency declined to do so. Galena Associates then appealed and the agency upheld its original decision. Galena Associates then filed suit.
    Issues: Exemption 3 – Limited agency discretion
17. Trident Insurance Services, LLC v. Federal Emergency Management Agency (filed Jun 20, 2016)
    Trident Insurance Services, the defendant in a lawsuit brought by the West Independent School District for property damages suffered as the result of the explosion of the West Fertilizer facility, submitted a FOIA request to the Federal Emergency Management Agency, which had provided disaster relief after the explosion, for records concerning the West school buildings. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Trident Insurance Services filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. SAVAGE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (filed Jun 21, 2016)
    Len Savage, a licensed gun dealer, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning petitions submitted to the agency from the National Firearms Trade & Collectors Association. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Savage filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. SHAPIRO v. DEPARTMENT OF JUSTICE (filed Jun 22, 2016)
    Researcher Ryan Shapiro submitted several FOIA requests to the FBI and the Office of Information Policy for records concerning the agencies’ decision to categorize Shapiro in the “other” fee category rather than in the news media fee category, as well as why the agency refused to grant him a fee waiver. After the agencies failed to respond within the statutory time limit, Shapiro filed suit.
    Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
20. OVERHAUSER LAW OFFICES, LLC v. DEPARTMENT OF JUSTICE (filed Jun 22, 2016)
    Overhauser Law Offices submitted a FOIA request to the Bureau of Prisons for records concerning contracts with Pepperball Technologies, Inc. The agency acknowledged receipt of the request and asked Overhauser to narrow its request to seven contracts. Overhauser agreed to narrow its request, but after hearing nothing further from the agency, Overhauser filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
21. AFONENKOVA et al v. UNITED STATES CUSTOMS AND BORDER PROTECTION (filed Jun 23, 2016)
    Irina Afonenkova and seven other employees of the Russian airline Aeroflot submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency’s seizure of their assets. The agency failed to respond and Afonenkova and the others filed an appeal. After hearing nothing further from the agency, Afonenkova filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. REEP v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jun 23, 2016)
    Rodney Reep, a federal prisoner, submitted FOIA requests to the Department of Justice for records concerning his criminal conviction. The agencies denied his requests and Reep appealed. After hearing nothing further from the agency, Reep filed suit.
    Issues: Failure to respond within statutory time limit