JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al and 14 other new FOIA lawsuits

We have added 59 documents from 9 FOIA cases filed between December 25, 2016 and December 31, 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. JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al (filed Dec 30, 2016)
   The James Madison Project and Louise Mensch, who oversees the media project Heat Street, submitted FOIA requests to the Department of Justice, the CIA, the Office of the Director of National Intelligence, and the Department of Homeland Security for records concerning investigations into allegations that a foreign government had interfered with the presidential election. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, JMP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Zhao v. Department of State (filed Dec 27, 2016)
   Wen Dong Zhao submitted a FOIA request to the Department of State for copies of records he had provided in 2003 to the U.S. Embassy in Bangkok concerning his research pertaining to the Iraq war. After hearing nothing further from the agency, Zhao filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE (filed Dec 26, 2016)
   The American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning any grants of funds to OneVoice Israel and OneVoice Palestine for use in campaigning against Benjamin Netanyahu in the 2015 Israeli elections. ACLJ requested communications involving a large number of named individuals. The agency acknowledged receipt of the request, denied ACLJ’s request for expedited processing and granted its request for a fee waiver. After hearing nothing further from the agency, ACLJ filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. LEOPOLD et al v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE et al (filed Dec 26, 2016)
   Journalist Jason Leopold and researcher Ryan Shapiro submitted requests to the Office of the Director of National Intelligence, the CIA, the FBI, and the Department of Homeland Security concerning communications to and from members of the Electoral College, or members of Congress and various political groups, concerning a variety of issues. Their request to the FBI also asked for any communications between FBI Director Comey and the White House concerning the allegations of Russian hacking. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Leopold and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Wilbanks v. Social Security Administration (filed Dec 27, 2016)
   Pearl Wilbanks submitted a FOIA request to the Social Security Administration for records concerning the reasons the agency denied her request for supplemental security income. The agency provided some records. Wilbanks then appealed. After hearing nothing further from the agency, Wilbanks filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. WALSTON v. UNITED STATES DEPARTMENT OF DEFENSE et al (filed Dec 29, 2016)
   Linda Walston submitted a FOIA request to the Department of Defense for records concerning a specific Defense Information Systems Agency case. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Walston filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Kroupa v. Executive Office for United States Attorneys (filed Dec 29, 2016)
   Daniel Kroupa submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning himself. The agency disclosed a handful of records. Kroupa filed an administrative appeal with the Office of Information Policy. OIP remanded his request for further processing but upheld the agency’s redaction claims. Kroupa then filed suit.
   Issues: Litigation – Recovery of Costs
8. MOUNT v. JOHNSON (filed Dec 30, 2016)
   Jason Mount, a supervisory agent at U.S. Immigration and Customs Enforcement, submitted a FOIA request to the Department of Homeland Security for records concerning the 2012 Inspector General’s investigation of allegations that supervisory agent Peter Edge had lost his official credentials to a prostitute and that they were subsequently retrieved by local police. The agency refused to confirm or deny the existence of records. Mount argued the agency had disclosed the existence of the investigation when it interviewed him during the investigation. Mount filed an administrative appeal, which was denied by the agency. Mount then filed suit.
   Issues: Litigation – Attorney’s fees
9. Loevy & Loevy v. Federal Bureau Of Prisons (filed Dec 30, 2016)
   The law firm of Loevy & Loevy submitted a FOIA request to the Bureau of Prisons for a copy of a contract with Correctional Alternatives, Inc. The agency indicated that because of the size of the contract it would take a considerable time to process the request. The law firm resubmitted its request, but after hearing nothing further from the agency, Loevy & Loevy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 23 documents from 6 cases, with earlier filing dates, that have recently appeared on PACER.

1. Natural Resources Defense Council v. United States Environmental Protection Agency (filed Dec 20, 2016)
2. RODRIGUEZ v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 19, 2016)
3. AMERICAN IMMIGRATION LAWYERS ASSOCIATION v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Dec 19, 2016)
4. Reilly v. Justice (filed Dec 12, 2016)
5. CASE NUMBER NOT USED (filed Dec 6, 2016)
6. CASE NUMBER NOT USED (filed Dec 6, 2016)