Color of Change et al v. Department of Homeland Security et al and 13 other new FOIA lawsuits

We have added 81 documents from 11 FOIA cases filed between October 16, 2016 and October 22, 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. Color of Change et al v. Department of Homeland Security et al (filed Oct 20, 2016)
   Color of Change and the Center for Constitutional Rights submitted FOIA requests to the Department of Homeland Security and the FBI for records concerning the monitoring of public protests surrounding the Black Lives Matter movement. DHS referred the request to the Federal Emergency Management Agency and also responded with a few documents from its Office of Intelligence & Analysis. The organizations appealed the adequacy of the agency’s search. The FBI acknowledged receipt of the request, but after hearing nothing further from either agency, the organizations filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. WALLICK v. AGRICULTURAL MARKETING SERVICE (filed Oct 17, 2016)
   Richard Wallick submitted a FOIA request to the Agricultural Marketing Service for records concerning an application submitted by the Organic Materials Review Commission. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Wallick filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. DEORIO v. CIRAOLO-KLEPPER et al (filed Oct 17, 2016)
   Norma DeOrio filed suit against the Department of Justice and the IRS alleging the IRS falsified records and did not have the authority to collect taxes. The complaint focuses primarily on perceived constitutional violations and it is unclear that there is any FOIA claim involved.
   Issues: FOIA not mentioned
4. Rutila v. United States Department of Transportation et al (filed Oct 17, 2016)
   Harold Rutila submitted a number of FOIA requests to the Federal Aviation Administration for records concerning the FAA Academy. The agency acknowledged receipt of the requests, but after the agency failed to respond substantively to his requests, Rutila filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Brian Lawrence Snoke v. Ryan Law (filed Oct 18, 2016)
   Brian Snoke, a state prisoner, submitted a FOIA request to the Department of the Treasury for records concerning his administrative grievance. The agency rejected Snoke’s request because it did not adequately describe the records he was seeking. Snopes treated this response as a denial and filed suit.
6. CAUSE OF ACTION INSTITUTE v. DEPARTMENT OF STATE (filed Oct 18, 2016)
   Cause of Action Institute submitted a FOIA request to the Department of State for records concerning the ethics agreements made by former Secretary of State Hillary Clinton and certain members of her staff, as well as any waivers or exemptions. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. ALI-X v. GILMORE et al (filed Oct 19, 2016)
   Kareem Ali-X filed suit against Pamela Gilmore, an employee of J.P. Morgan Chase Bank, and William Eddins, a state attorney in Santa Rosa County, Florida, alleging that his bank records had been improperly used during his trial. This is not a FOIA case.
   Issues: FOIA not mentioned
8. Center for Popular Democracy v. Board of Governors of the Federal Reserve System (filed Oct 19, 2016)
   The Center for Popular Democracy submitted a FOIA request to the Federal Reserve for information about the reappointment of ten Reserve Bank presidents in 2016, as well as other information about the agency’s policies for appointing Reserve Bank presidents. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, the Center for Popular Democracy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. American Civil Liberties Union Foundation Immigrants' Rights Project et al v. U.S. Immigration and Customs Enforcement (filed Oct 20, 2016)
   The ACLU submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the detention of asylum seekers. The ACLU also requested expedited processing and a fee waiver. ICE denied the ACLU’s request for expedited processing and a fee waiver. The ACLU appealed both decisions and the agency upheld its denial of expedited processing, but granted the fee waiver request. ICE provided some records, including publicly available policy statements. The ACLU appealed the adequacy of the search for both requests and ICE remanded the requests for further processing. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Litigation – Attorney’s fees
10. American Civil Liberties Union Foundation Immigrants' Rights Project et al v. U.S. Immigration and Customs Enforcement (filed Oct 20, 2016)
    The ACLU submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the detention of asylum seekers. The ACLU also requested expedited processing and a fee waiver. ICE denied the ACLU’s request for expedited processing and a fee waiver. The ACLU appealed both decisions and the agency upheld its denial of expedited processing, but granted the fee waiver request. ICE provided some records, including publicly available policy statements. The ACLU appealed the adequacy of the search for both requests and ICE remanded the requests for further processing. After hearing nothing further from the agency, the ACLU filed suit. This is essentially the same complaint as 3:2016cv006066 although it was assigned to a different judge.
    Issues: Litigation – Attorney’s fees
11. FRANK LLP v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Oct 21, 2016)
    Frank LLP, a New York law firm, submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning a consent order from the agency pertaining to wrongful debt-collection practices. The agency initially denied the request under Exemption 4 (confidential business information). Frank LLP filed an administrative appeal and its request was remanded for further processing. The agency then denied all the record under Exemption 7(E) (investigative methods and techniques). Frank LLP filed another administrative appeal. This time the agency upheld the Exemption 7(E) claim and further indicated the records were protected by Exemption 7(A) (interference with ongoing investigation or proceeding). Frank LLP then filed suit.
    Issues: Litigation – Attorney’s fees, Litigation – In camera review, Litigation – Vaughn index

In addition, we have added 11 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Franklin v. Virginia Governor (filed Oct 14, 2016)
2. Demoruelle et al v. Department of Veterans' Affairs (filed Oct 13, 2016)
3. LINDER v. EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (filed Oct 12, 2016)