AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al and 23 other new FOIA lawsuits, plus case descriptions
We have added 125 documents from 19 FOIA cases filed between April 28, 2019 and May 4, 2019. 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.
- AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al (filed May 3, 2019)
American Oversight submitted FOIA requests to the Department of State and the Department of Justice for records concerning foreign leases, purchases or transfers of properties owned or operated by the Trump Organization. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, AO filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - DOE v. BENOIT et al (filed Apr 30, 2019)
J.Q. Doe submitted FOIA requests to the Defense Contract Management Agency concerning its investigation of her based on allegations that she posed an insider threat under a policy established in 2011 by the Obama administration. The agency acknowledged receipt of the requests. The agency denied her first request based on Exemption 2 (internal practices and procedures), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Doe filed an administrative appeal of the decision. After hearing nothing further from the agency pertaining to her other requests or her administrative appeal, Doe filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Oliver B Mitchell v. Grifols USA, LLC (filed Apr 30, 2019)
Oliver Mitchell requested records from Grifols USA, a company that provides plasma-derived medicines for records related to his plasma donation. After the company failed to respond, Mitchell filed suit. This is not a FOIA claim.
Issues: FOIA not mentioned - Oliver B Mitchell III v. Lydie L Hazan et al (filed Apr 30, 2019)
Oliver Mitchell submitted a request for records to Axis Clinical Trials for records concerning a clinical trial on syphilis in which he participated. After the company failed to respond, Mitchell filed suit against Axis Clinical Trials and Dr. Lydie Hazan. This is not a FOIA claim.
Issues: FOIA not mentioned - Oliver B Mitchell III v. Octapharma AG et al (filed Apr 30, 2019)
Oliver Mitchell submitted a request for records to Octapharma AG for records concerning his plasma donations through its attorneys, Stafford, Owens, Piller, Murane, Kelleher& Trombley, PLLC. After the law firm failed to respond, Mitchell filed suit. This is not a FOIA claim.
Issues: FOIA not mentioned - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Apr 30, 2019)
American Oversight submitted a FOIA request to the Department of Housing and Urban Development for records concerning communications to and from the agency pertaining to the sale of the Starrett City housing complex. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, AO filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jones v. Wilkie et al (filed Apr 30, 2019)
Andrew Jones submitted a FOIA request to the Department of Veterans Affairs for records concerning his claims file. After hearing nothing from the agency, Jones filed an administrative appeal of the agency’s delay in responding. After hearing further, Jones filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - HAWAII FIREARMS COALITION v. FEDERAL BUREAU OF INVESTIGATION (filed May 1, 2019)
The Hawaii Firearms Coalition submitted a FOIA request to the FBI for records concerning the State of Hawaii’s Rap Back program for firearms owners. After hearing nothing further from the agency, the Hawaii Firearms Coalition filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - JEON v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed May 1, 2019)
Jong Jeon submitted a FOIA request to the Department of Homeland Security for records about himself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Jeon filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Dyer v. Veterans Affairs, United States Department of (filed May 1, 2019)
Veronica Dyer, administrator of the Benefits Fund, submitted a FOIA request to the Department of Veterans Affairs for records concerning certified payroll records relating to any activity of Greystone or BR Steel. The agency responded to Dyer’s request by releasing some records but withholding others under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). Dyer filed an administrative appeal of the denial, but after hearing nothing further from the agency, she filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Alliance for the Wild Rockies v. U.S. Fish & Wildlife Service (filed May 1, 2019)
Alliance for the Wild Rockies submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning biological opinions and take statements for several projects. The agency acknowledged receipt of the request and took a 10-day extension. After hearing heard nothing further from the agency, Alliance for the Wild Rockies filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed May 2, 2019)
BuzzFeed reporter Jason Leopold submitted six FOIA requests to various components of the Department of Justice for records concerning the underlying materials collected and used in preparing the Mueller report. Leopold also requested expedited processing. The agency acknowledged receipt of the requests and told Leopold that they qualified as unusual circumstances and that it would take more time to respond. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed May 2, 2019)
BuzzFeed reporter Jason Leopold submitted FOIA requests to various components of the Department of Justice for records concerning communications pertaining to the Mueller report. Leopold also requested expedited processing. The agency denied Leopold’s request for expedited processing and told him that his requests qualified for the unusual circumstances exception. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - BEVILL v. CENTRAL INTELLIGENCE AGENCY et al (filed May 2, 2019)
Mary Springer submitted FOIA requests to the CIA and the Department of State for records concerning her father, Paul Le Baron Springer. Both agencies acknowledged receipt of the requests. The CIA told Springer that it would not process her request without proof of death and ultimately denied the request on that basis. After hearing nothing further from the State Department, Springer filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - SAVAGE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed May 2, 2019)
Len Savage submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the discussion of “automatically” or “single function of a trigger.” He also requested records concerning his company Historic Arms, LLC and himself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Savage filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - GULLEY v. DEPARTMENT OF THE ARMY (filed May 2, 2019)
Richard Gulley submitted a FOIA request to the Department of the Army for records concerning Inspector General investigations within the past five years addressing allegations that the Army improperly withheld pay or entitlements for Reserve component members. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Gulley filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - National Parks Conservation Association v. US Department of the Navy (filed May 2, 2019)
The National Parks Conservation Association submitted two FOIA requests to the Department of the Navy for records concerning environmental impact statements for military activities affecting the Olympic Peninsula. The agency acknowledged receipt of the requests. The agency ultimately provided 158 pages, but withheld records under Exemption 5 (privileges). NPCA filed an administrative appeal of the Navy’s decision. After hearing nothing further from the agency, NPCA filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF COMMERCE (filed May 3, 2019)
Citizens United submitted a FOIA request to the Department of Commerce for records concerning communications to or from specific named agency officials to other named individuals. Citizens United also requested expedited processing. The agency denied Citizens United’s request for expedited processing. Citizens United filed an administrative appeal of the agency’s denial of its request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - BLIXSETH v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 3, 2019)
Seth Blexseth submitted a FOIA request for records related to his name, a specific aircraft tail number, or Yellowstone Aviation & Marine. The agency acknowledged receipt of the request and told Blixseth that he would need to commit to paying $300 for the cost of processing his request or narrow its scope. The agency ultimately processed Blixseth’s request and disclosed 357 pages. Blixseth filed an administrative appeal of the response, indicating that the search was inadequate because his airplane had been intercepted by ICE on three occasions. After a further search, the agency disclosed another 48 pages. Still dissatisfied. Blixseth filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees
In addition, we have added 5 documents from 5 cases, with earlier filing dates, that have recently appeared on PACER.
- BALL v. UNITED STATES MARSHAL SERVICE et al (filed Apr 26, 2019)
- FLIPPIN v. U.S. DEPARTMENT OF INTERIOR et al (filed Apr 25, 2019)
- Cascadia Wildlands v. Oregon Office of the State Director for USDA-APHIS Wildlife Services (filed Apr 25, 2019)
- Watts Constructors, LLC v. Department Of Defense et al (filed Apr 24, 2019)
- CASE NUMBER NOT USED (filed Apr 22, 2019)
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