MADHIRAJU et al v. DEPARTMENT OF STATE and 13 other new FOIA lawsuits

We have added 73 documents from 12 FOIA cases filed between November 13, 2016 and November 19, 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. MADHIRAJU et al v. DEPARTMENT OF STATE (filed Nov 17, 2016)
   Praveen Madhiraju, an attorney representing three American citizens who had been victims of war crimes in 1999, submitted a FOIA request to the Department of State for records concerning communications between the U.S. Embassy in Belgrade and Goran Radosavljevic, a prime suspect in the Bytyqi case. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Madhiraju filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ROJAS-VEGA v. UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT et al (filed Nov 14, 2016)
   Dany Rojas-Vegas submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning his earlier immigration proceedings. Dissatisfied with the agency’s response, Rojas-Vegas filed an administrative appeal. Dissatisfied with that response as well, Rojas-Vegas filed suit.
   Issues: Failure to respond within statutory time limit
3. CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE (filed Nov 14, 2016)
   The Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records concerning applications for vacancies on the National Organic Standards Board. The agency told the Cornucopia Institute that it had found 671 pages, but no records were released. Cornucopia Institute filed an administrative appeal, which was denied by the agency. Cornucopia Institute then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. LEOPOLD v. NATIONAL SECURITY AGENCY (filed Nov 14, 2016)
   Journalist Jason Leopold submitted three FOIA requests to the National Security Agency for Inspector General reports, semi-annual reports, and reports of investigations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WILLIAMS v. BUREAU OF PRISONS (filed Nov 14, 2016)
   Terrell Williams, a former employee of the Bureau of Prisons, submitted a FOIA request to the Bureau of Prisons for records concerning his discrimination complaint. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Williams filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. CAUSE OF ACTION INSTITUTE v. DEPARTMENT OF THE INTERIOR (filed Nov 15, 2016)
   Cause of Action Institute submitted a FOIA request to the Department of the Interior for records concerning communications related to the Atlantic Outer Continental Shelf and the agency’s Outer Continental Shelf Oil and Gas Leasing Program. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the request and told Cause of Action Institute that it would consider whether a fee waiver was necessary depending on the number of responsive pages. The agency asked Cause of Action Institute to narrow its request, which it did. The parties had several other contacts, but after the agency indicated it could give no estimated date of completion, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF STATE (filed Nov 15, 2016)
   Cause of Action Institute submitted a FOIA request to the Department of State for communications concerning the agency’s practice of maintaining “guest” accounts on agency networks. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the request and granted Cause of Action Institute a fee waiver. However, 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
8. Friends of Animals v. U.S. Bureau of Land Management (filed Nov 16, 2016)
   Friends of Animals submitted a FOIA request to the Bureau of Land Management for records concerning wild horse gather contracts. Friends of Animals asked for a fee waiver. The agency granted FOA’s request for a fee waiver, 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
9. Bush v. United States Department of Agriculture Risk Management Agency (filed Nov 16, 2016)
   William Bush submitted a FOIA request to the Agricultural Risk Management Agency for record showing the aggregate yield of corn and soybean crops for several Iowa counties. The agency told Bush that it did not have the data at the level of specificity he had requested. Bush filed an administrative appeal, which was denied by the agency. Bush then filed suit.
   Issues: Litigation – Attorney’s fees, Request – Specificity
10. American Civil Liberties Union et al v. National Security Agency et al (filed Nov 17, 2016)
    The ACLU submitted a FOIA request to the intelligence agencies for records concerning Section 702 of the Foreign Intelligence Surveillance Act. The agencies acknowledged receipt of the request, but after none of the agencies had responded, the ACLU filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Vega Sanchez v. Johnson et al (filed Nov 17, 2016)
    Estela Vega Sanchez submitted a FOIA request to the Department of Homeland Security for her alien file. U.S. Citizenship and Immigration Services responded to her request by releasing 88 pages and withholding five pages. Vega Sanchez filed suit, but her primary contention is that the government improperly denied her an adjustment in her status after finding she had provided false information about her citizenship. In her suit, however, she argues that she should be able to see the five withheld pages.
    Issues: Litigation – Attorney’s fees
12. Mulvey v. Perez et al (filed Nov 18, 2016)
    John Mulvey submitted a FOIA request to the Department of Labor for records concerning his closed EEOC complaint. The agency acknowledged receipt of the request. After hearing nothing further, Mulvey filed an administrative appeal. After hearing nothing more from the agency, Mulvey filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Smith v. U.S. Veterans Administration et al (filed Nov 10, 2016)
• Spivey Utility Construction Company v. Occupational Safety and Health Administration (filed Nov 7, 2016)