JUDICIAL WATCH, INC. v. DEPARTMENT OF HOMELAND SECURITY and 12 other new FOIA lawsuits

We have added 58 documents from 13 FOIA cases filed between August 14, 2016 and August 20, 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. JUDICIAL WATCH, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Aug 16, 2016)
   Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning contracts with the security firm G4S for transportation of illegal immigrants from the Mexican border into the interior of the United States. Judicial Watch also submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the number of illegal immigrants transported by G4S. The agency acknowledged receipt of both 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
2. BURMAN v. DRUG ENFORCEMENT ADMINISTRATION et al (filed Aug 17, 2016)
   Allah Burman, a federal prisoner, submitted a FOIA request to the Drug Enforcement Administration for records about his arrest and conviction. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Burman filed suit.
   Issues: Failure to respond within statutory time limit
3. JENKINS v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 17, 2016)
   Van Jenkins, a state prisoner in Michigan, submitted a FOIA request to the Executive Office for U.S. Attorneys for records about him. The agency initially told Jenkins that he had to provide proof of identity and later that he needed to identify the location of records. Jenkins ultimately filed suit.
   Issues: Failure to respond within statutory time limit
4. BARNES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Aug 15, 2016)
   William Barnes submitted a number of FOIA requests to the EPA for records concerning renewable fuel applications. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Barnes filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. SMALLWOOD v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 16, 2016)
   William Smallwood submitted a FOIA request to the Department of Justice for records concerning the settlement of a class action suit brought against the U.S. by native farmers. The agency told Smallwood that his request was complex and would take time to process. He appealed that designation, but the agency rejected his appeal since there was no adverse action yet. Smallwood then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. FEDERAL BUREAU OF INVESTIGATION (filed Aug 16, 2016)
   Judicial Watch submitted a FOIA request to the FBI for records concerning Muhammad Ali. The agency acknowledged receipt of the request, 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
7. JUDICIAL WATCH, INC. v. DEPARTMENT OF STATE (filed Aug 17, 2016)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the agency’s decision to remove from its website and YouTube channel an exchange between Fox News reporter James Rosen and State Department spokesperson Jen Psaki related to Iranian nuclear negotiations. The agency acknowledged receipt of the request, 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
8. BURKE v. DEPARTMENT OF HOMELAND SECURITY (filed Aug 17, 2016)
   Darryl Burke, a federal prisoner, submitted a FOIA request to the Secret Service for records related to his assets that were seized when he was arrested. After hearing nothing from the agency, Burke filed suit.
   Issues: Failure to respond within statutory time limit
9. POWELL v. INTERNAL REVENUE SERVICE et al (filed Aug 17, 2016)
   William Powell submitted a FOIA request to the IRS for the Master File for the tax returns for the Estate of William Powell, his father, and Powell Printing. The IRS apparently has refused to disclose the records to Powell because he does not have legal authority to access them. Powell filed suit to force the IRS to disclose the records.
   Issues: Litigation – Jurisdiction – Failure to Exhaust
10. Barkley v. United States Department of Labor, Office of Labor Management Standards et al (filed Aug 18, 2016)
    Joshua Barkley submitted multiple FOIA requests to the Department of Labor for records concerning allegedly illegal actions taken against him by a labor union. The agency apparently denied some of the requests under Exemption 7(A) (ongoing investigation or proceeding). Barkley then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
11. Rambau v. U.S. Equal Employment Opportunity Commission et al (filed Aug 18, 2016)
    Alexandre Rambeau submitted a FOIA request to the Equal Employment Opportunity Commission for his complaint file against Wagner Equipment Co. After hearing nothing further from the agency, Rambeau filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. WildEarth Guardians v. United States Fish and Wildlife Service (filed Aug 18, 2016)
    WildEarth Guardians submitted two FOIA requests to U.S. Fish and Wildlife Service for records concerning communications between the agency and the U.S. Army Corps of Engineers and the Bureau of Reclamation pertaining to compliance with the Endangered Species Act. WildEarth Guardians contacted the agency several times concerning the requests but was told that the agency was still processing them. WildEarth Guardians then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Jordan et al v. Consumer Produce Safety Commission (filed Aug 19, 2016)
    Meaghin Jordan submitted a FOIA request to the Consumer Product Safety Commission for records concerning injuries resulting from small high-powered magnet sets. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Jordan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees