SHAPIRO v. DEPARTMENT OF JUSTICE and 6 other new FOIA lawsuits

We have added 16 documents from 3 FOIA cases filed between July 3, 2016 and July 9, 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. SHAPIRO v. DEPARTMENT OF JUSTICE (filed Jul 4, 2016)
   Researcher Ryan Shapiro submitted several FOIA requests to the FBI for records concerning Operation Mosaic, a program designed to highlight problems the FBI was having as a result of the 1974 FOIA amendments. The agency responded to some requests by indicating that it found no records. Shapiro subsequently requested records concerning the processing of those FOIA requests. He appealed the no records decisions to OIP, but after the agency failed to either respond to his requests or rule on his administrative appeals, Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ELECTRONIC PRIVACY INFORMATION CENTER v. DEPARTMENT OF JUSTICE (filed Jul 5, 2016)
   The Electronic Privacy Information Center submitted a FOIA request to the Office of the Inspector General at the Department of Justice for the Title Page, Table of Contents, and Executive Summary for all non-public OIG reports since 2005. EPIC requested inclusion in the news media fee category as well as a fee waiver. The agency acknowledged receipt of the request, but did not rule on EPIC’s fee status or its fee waiver request. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. GLEGG v. KERRY et al (filed Jul 6, 2016)
   Robert Glegg, a Canadian citizen with sole custody of his daughter, submitted a FOIA request to the Department of State for records concerning an application for a student visa for his daughter to visit her mother in the United States. The agency acknowledged receipt of his request, but rejected it for failure to properly identify the records he was seeking and for failure to provide personal authentication. Glegg then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 29 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. VIOLA v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jul 1, 2016)
   Anthony Viola, a federal prisoner, submitted a FOIA request to the FBI and the U.S. Attorney’s Office for records concerning the Justice Department’s improper actions in prosecuting individuals like Viola. Although Viola does not indicate what the FBI did in response to his request, there is no evidence that it provided the information he requested. As a result, Viola filed suit.
   Issues: Failure to respond within statutory time limit
2. Grigery v. United States Department of Health and Human Services (filed Jul 1, 2016)
   Tyler Grigery submitted a FOIA request to the FDA for records of communications between a special agent in the agency’s Office of Criminal Investigations and third parties concerning his complaint. The agency acknowledged receipt of the request and provided heavily redacted documents in response. Grigery filed an administrative appeal, but after the agency failed to respond, Grigery filed suit.
   Issues: Failure to respond within statutory time limit
3. Angenette Mosby v. Karen E. Scott (filed Jun 30, 2016)
   Angenette Mosby filed suit against District Court Judge Karen Scott for “disrespectful” dismissal of her case. This is not a FOIA case.
   Issues: FOIA not mentioned
4. Angenette Mosby v. Karen E. Scott (filed Jun 30, 2016)
   Angenette Mosby filed suit against District Court Judge Karen Scott for ignoring her complaint. Mosby’s claims are identical to those in 2016-cv-04801. This is not a FOIA claim.
   Issues: FOIA not mentioned