Kansas, State of, v. United States Department of Defense and 6 other new FOIA lawsuits

We have added 50 documents from 7 FOIA cases filed between July 17, 2016 and July 23, 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. Kansas, State of, v. United States Department of Defense (filed Jul 22, 2016)
   The State of Kansas submitted a multi-part FOIA request to the Department of Defense for records, including any expenditures pertaining to the transfer of detainees currently housed at Guantanamo to the U.S. mainland. Kansas also asked for a fee waiver. The agency agreed to respond to parts of the State’s request, but denied the State’s request for a fee waiver. After hearing nothing further from the agency, the State filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. FRIENDS OF ANIMALS v. U.S. DEPARTMENT OF AGRICULTURE (filed Jul 19, 2016)
   Friends of Animals submitted a FOIA request to the Department of Agriculture for records concerning the primate sanctuary Chimp Haven in Keithsville, LA. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Georges v. America's Wholesale Lender et al (filed Jul 19, 2016)
   Ronald Georges filed suit against America’s Wholesale Lender and Bank of America over a dispute concerning the transfer of property. The complaint does not mention FOIA at all.
   Issues: FOIA not mentioned
4. DUTTON et al v. U.S. DEPARTMENT OF JUSTICE (filed Jul 21, 2016)
   William Dutton and Judicial Watch submitted identical FOIA requests to the Department of Justice Office of Inspector General in Washington and El Paso, TX for records concerning Dutton. Dutton and Judicial Watch also submitted FOIA requests to the FBI for records concerning Dutton. The Washington OIG provided a partial response in which it disclosed eight pages and indicated that other records were being referred to the FBI. The FBI responded by indicating that it was processing the records from OIG. Dutton and Judicial Watch received no response to from the IG’s office in El Paso. Dutton and Judicial Watch then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Cantera v. U.S. Coast Guard (filed Jul 22, 2016)
   Katrina Cantera submitted a FOIA request to the U.S. Coast Guard for records concerning a complaint she had filed with the agency. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cantera filed suit.
   Issues: Failure to respond within statutory time limit
6. AQUALLIANCE v. UNITED STATES FISH AND WILDLIFE SERVICE et al (filed Jul 22, 2016)
   Aqualliance submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the Giant Garter Snake recovery plan. The agency located 289 pages and withheld them all under Exemption 5 (privileges). Aqualliance filed an administrative appeal, but after the agency failed to respond further, Aqualliance filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. MARTINEZ v. DEPARTMENT OF JUSTICE et al (filed Jul 22, 2016)
   Francisco Martinez, an attorney in Colorado focusing on civil liberties issues, submitted FOIA requests to a number of agencies for records concerning the Chicano civil rights movement. The agencies either denied Martinez’s request for a fee waiver, closed his request for failure to provide third-party authorization, or failed to respond beyond acknowledging receipt of his request. Martinez then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees