SCUDDER et al v. CENTRAL INTELLIGENCE AGENCY and 15 other new FOIA lawsuits

We have added 55 documents from 12 FOIA cases filed between September 25, 2016 and October 1, 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. SCUDDER et al v. CENTRAL INTELLIGENCE AGENCY (filed Sep 28, 2016)
   Jeffrey Scudder, Ken Osgood, Hugh Wilford, and Mark Stout submitted FOIA requests to the CIA for an electronic copy of 386 historical documents listed on an Excel spreadsheet. The requesters also requested a fee waiver. The CIA acknowledged receipt of the requests, but after hearing nothing further from the agency, Scudder, Osgood, Wilford, and Stout filed suit.
   Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE (filed Sep 26, 2016)
   The Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records of communications between the agency and dairies concerning Cornucopia Institute’s prior FOIA request. The agency acknowledged receipt of the request. The Cornucopia Institute filed an appeal after the agency failed to respond. After hearing nothing further from the agency, the Cornucopia Institute filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. DEPARTMENT OF DEFENSE et al (filed Sep 27, 2016)
   Judicial Watch submitted FOIA requests to the Department of Defense and the CIA concerning the alleged torture of American prisoners while incarcerated in Cuba. The Defense Department acknowledged receipt of the request. After hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. Knuckles v. Department of Army (filed Sep 28, 2016)
   Jeniqua Knuckles submitted a FOIA request to the FOIA officer at Fort Gordon. Although she had several email communications with the FOIA office, it did not respond to her request. After hearing nothing further from the FOIA office, Knuckles filed suit.
   Issues: Failure to respond within statutory time limit
5. Rosiere v. United States of America (filed Sep 28, 2016)
   Shaun Rosiere, a federal prisoner in Nevada, had his FOIA suit filed in May in the Northern District of California transferred to the District of Nevada.
   Issues: Litigation – Jurisdiction – Venue
6. Kehmeier v. United States Department of the Treasury (filed Sep 29, 2016)
   Thomas Kehmeier submitted a FOIA request to the Department of Treasury for records identifying statutes imposing taxes and allowing the Treasury Department to prescribe a tax table. The IRS rejected the request as not describing records subject to FOIA. Kehmeier filed an appeal. After hearing nothing further from the agency, Kehmeier filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. ENERGY & ENVIRONMENT LEGAL INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Sep 29, 2016)
   The Energy & Environment Legal Institute submitted a FOIA request to the EPA for records concerning the Ramazzini Institute, an Italian think tank sometimes consulted by federal agencies. The agency asked EELI to narrow the scope of its request. EELI did so. The agency then granted EELI’s fee waiver request. But after hearing nothing further the agency, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Sikes v. United States Department of the Navy (filed Sep 29, 2016)
   Thomas Sikes, who is researching a book on the pressures of holding military office, had submitted a request to the Department of the Navy for records about Admiral J.M. Boorda, who committed suicide in 1996. Sikes filed suit against the Department of the Navy pertaining to his first request, which ended in 2014. As a result of the records he received during that litigation, he filed another eight requests relating to Boorda. Dissatisfied with the Navy’s response and/or failure to respond, Sikes filed suit again.
   Issues: Failure to respond within statutory time limit
9. Morinaj v. Kerry (filed Sep 29, 2016)
   Morina Kadri submitted a FOIA request to the Department of State for visa records. The State Department initially rejected his request for failure to provide the necessary third-party authorizations. Kadri submitted the authorizations, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit
10. SHAPIRO v. DEPARTMENT OF JUSTICE (filed Sep 30, 2016)
    Researcher Ryan Shapiro submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the Lewis list, a list maintained by the U.S. Attorney’s Office for the District of Columbia of police officers under investigation. The agency issued a Glomar response neither confirming nor denying the existence of records. EOUSA also told Shapiro that if he wanted public records he should make a separate request. Shapiro filed an administrative appeal and made a request for public records as well. The Office of Information Policy upheld the agency’s Glomar response, but told the agency to search for records mentioning the Lewis list. In response to Shapiro’s request for public records, EOUSA indicated that it found no records. Shapiro filed an administrative appeal for that response. Shapiro made a third FOIA request to EOUSA for records concerning the Lewis Committee, which was formed by USAO-DC to oversee compliance with the requirement to maintain a Lewis list. EOUSA acknowledged receipt of the request, but after hearing nothing further pertaining to any of the three requests, Shapiro filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Crestek, Inc., et al v. Internal Revenue Service (filed Sep 30, 2016)
    Crestek, Inc. submitted a FOIA request to the IRS for records concerning a tax examination of the company. The IRS acknowledged receipt of the request and took a 10-day extension. Crestek, Inc. subsequently submitted an addendum to its original request, which was given a separate tracking number. The IRS took a 10-day extension for that request as well. After hearing nothing further from the agency, Crestek, Inc. filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. Eakin v. United States Department of Defense (filed Sep 30, 2016)
    John Eakin, a researcher on missing in action issues, submitted a FOIA request to the Department of Defense for electronic records of all World War II era individual deceased personnel files. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Eakin filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 10 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. Smith v. U.S. Department of Transportation et al (filed Sep 23, 2016)
2. MCPHAIL v. HARDY, et al (filed Sep 22, 2016)
3. PUBIEN v. U.S. DEPARTMENT OF JUSTICE (filed Sep 9, 2016)
4. Wellman v. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (filed Jul 3, 2014)