MULANGU et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY and 26 other new FOIA lawsuits

We have added 217 documents from 25 FOIA cases filed between September 8, 2019 and September 14, 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.

1. MULANGU et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Sep 9, 2019)
   On behalf of Deborah Mulangu and Nyankoke Dramou, two asylum applicants, Catholic Charities submitted FOIA requests to U.S. Citizenship and Immigration Services for asylum assessment reports on both of them. The agency acknowledged receipt of the requests but refused to disclose any portion of the assessment reports even those portions that contained factual material. Catholic Charities alleged that USCIS has a policy and practice of providing entire assessment reports to immigration judges and appellate courts, often blindsiding the applicants in court. Mulangu, Dramou, and Catholic Charities then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Segregability – Disclosure of all non-exempt records
2. CA Planned Parenthood Education Fund v. U.S. DHHS (filed Sep 13, 2019)
   The California Planned Parenthood Education Fund submitted a FOIA request to the Department of Health and Human Services for records concerning the agency’s grant of a Title X application to Oberia, a first-time recipient that did not offer comprehensive family planning services. The agency acknowledged receipt of the request but after hearing nothing further from the agency, California Planned Parenthood Educational Fund filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 9, 2019)
   Judicial Watch submitted a FOIA request to the Office of Special Counsel at the Department of Justice for records concerning the issuance and maintenance of mobile devices used by Peter Strzok and Lisa Page. Judicial Watch also sent the request to the FBI. The FBI acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. NOVA OCULUS PARTNERS, LLC et al v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed Sep 9, 2019)
   Nova Oculus Partners submitted a FOIA request to the Securities and Exchange Commission for records about itself and its partners. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Nova Oculus filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BERNHARDT et al (filed Sep 10, 2019)
   Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Fish and Wildlife Service for records used or supporting a 2014 memo from the agency pertaining to the National Wildlife Refuge. The agency acknowledged receipt of the request. In its first response, the agency disclosed some records but withheld 45 pages under Exemption 5 (privileges). In its second response, the agency disclosed more records but withheld another 278 pages under Exemption 5. In its final response, the agency disclosed additional records but withheld 26 pages under Exemption 5. PEER filed an administrative appeal but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. DEPARTMENT OF TREASURY (filed Sep 11, 2019)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Treasury for records concerning any ethics opinions provided to Secretary Steve Mnuchin’s pertaining to his recent investment in a money market fund which violated the statute authorizing Treasury prohibiting agency officials from trading in state or federal obligations. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. SPARACINO PLLC v. U.S. DEPARTMENT OF THE TREASURY (filed Sep 12, 2019)
   The law firm of Sparacino LLP, representing U.S. citizens who were injured or killed by terrorist attacks in Iraq, submitted two FOIA requests to the Department of the Treasury for records concerning the Iraqi Finance Ministry. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Sparacino LLP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 13, 2019)
   Judicial Watch submitted a FOIA request to the FBI for records concerning the email that initiated the investigation of Russian interference in the 2016 election. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. FOSTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Sep 13, 2019)
   Helen Foster, an employee of HUD, submitted three FOIA requests to the Department of Housing and Urban Development. Her first FOIA request asked for records about herself that had been disclosed to reporters. Her second FOIA request asked for records provided to the House Oversight Committee in response to an information request. Her third FOIA request asked for records concerning the investigation of a hostile workplace complaint filed against her. The agency provided interim responses to the first two requests. The agency told Foster it was processing her third request. After hearing nothing further from the agency pertaining to any of her requests, Foster filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Bank of Louisiana v. Federal Deposit Insurance Corporation (filed Sep 13, 2019)
    The Bank of Louisiana submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning the decision of an administrative law judge. The agency acknowledged receipt of the request and denied the Bank’s request. The Bank then filed an administrative appeal, but after hearing nothing further from the agency, the Bank of Louisiana filed suit.
    Issues: Failure to respond within statutory time limit
11. Grassroots Leadership v. U.S. Department of Homeland Security et al (filed Sep 9, 2019)
    Grassroots Leadership submitted a FOIA request to the Department of Homeland Security for records concerning a request for proposal solicitation from U.S. Immigration and Customs Enforcement for operation of a detention center in Austin capable of handling 500 women. GRL also requested a fee waiver. The agency acknowledged receipt of the request and granted GRL’s request for a fee waiver. GRL submitted a second FOIA request for records pertaining to an agreement between ICE and CoreCivic to operate a detention facility in Hutto. GRL’s second FOIA request also asked for a fee waiver. The agency acknowledged receipt of that request but after hearing nothing further pertaining to either request, GRL filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. ACLU Southern California v. United States Department of Homeland Security et al (filed Sep 9, 2019)
    The ACLU of Southern California submitted a FOIA request to the Department of Homeland Security for records concerning reports prepared since 2008 by the ABA’s Commission on Immigration pertaining to detention policies of U.S. Immigration and Customs Enforcement. The ACLU of Southern California also requested a fee waiver. The agency acknowledged receipt of the request. The agency provided an interim response of 1,643 pages. After hearing nothing further from the agency, the ACLU of Southern California filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 9, 2019)
    Judicial Watch submitted two FOIA requests to the Department of Justice and the FBI for records concerning a 2016 analytical exchange between German officials and agency officials. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF COMMERCE (filed Sep 9, 2019)
    Cause of Action Institute submitted FOIA requests to the Department of Commerce for records concerning reports required under Section 232 of the Trade Expansion Act to be sent to Congress pertaining to the Secretary’s determination that tariffs are justified to protect national security. While the agency prepared a report on the aluminum tariffs and posted a copy with redactions on its website, the agency has since claimed the reports are privileged and cannot be disclosed under FOIA. Cause of Action Institute submitted two FOIA requests for the report on the effect of imports of uranium on national security. CoA Institute also requested a fee waiver. The agency acknowledged receipt of the request and told CoA Institute that redacted versions of the reports would be available online after presidential review. CoA then filed suit, arguing that the agency had a policy and practice of withholding the reports beyond the statutory time limit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. TOBIAS v. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (filed Sep 9, 2019)
    Jimmy Tobias, a reporter, submitted 15 FOIA requests to the Department of the Interior for records concerning communications between various agency officials and third parties pertaining to a variety of issues, including himself. The agency acknowledged receipt of the requests but after hearing nothing substantive from the agency, Tobias filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Friends of Animals v. Perdue et al (filed Sep 10, 2019)
    Friends of Animals submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning licenses of permits issued to SeaQuest. The agency acknowledged receipt of the request and subsequently told Friends of Animals that its request was being processed. After hearing nothing further from the agency, Friends of Animals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. MACPHAIL v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 10, 2019)
    John MacPhail, a Canadian citizen, submitted a FOIA request to U.S. Customs and Border Protection for records concerning audio/video footage of his entry into the United States via the Nexus lane of the Pacific Coast Highway Crossing at Blaine, Washington. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MacPhail filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. CANEPA v. UNITED STATES DEPARTMENT OF THE ARMY (filed Sep 11, 2019)
    Clint Canempa submitted two FOIA requests to the Department of the Army for records pertaining to his Combat-Related Special Compensation claim that had been denied by the Army even though Canempa had been determined to have suffered a combat-related disability by the Army Physical Disability Agency stemming from his service in Iraq. After hearing nothing further from the agency, Canempa filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 11, 2019)
    Judicial Watch submitted a FOIA request to the FBI for records concerning former legal attache in Rome Michael Gaeta that contained keywords related to the 2016 election. The FBI acknowledged receipt of the request and told Judicial Watch that it would split the request into three separate parts. The FBI then invoked a Glomar response for all three parts. Judicial Watch filed an administrative appeal, arguing that Gaeta had been publicly identified as the FBI special agent in Rome during testimony by Bruce Ohr before the House Oversight Committee and that Gaeta had received a copy of the dossier provided by Christopher Steele. After hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
20. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Sep 12, 2019)
    American Oversight submitted five FOIA requests to the Department of State for records concerning the Trump administration’s Middle East polices and potential conflicts of interest for Deputy Secretary for Legislative Affairs Charles Faulkner. The agency acknowledged receipt of all the requests but after hearing nothing further from the agency pertaining to any of the requests, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit
21. RADELAT v. UNITED STATES COAST GUARD (filed Sep 12, 2019)
    Ana Radlat, the Washington correspondent for the online news service the Connecticut Mirror, submitted a FOIA request to U.S. Coast Guard for records concerning sexual assault or sexual misconduct complaints reported at the Coast Guard Academy. Radelat also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency Radelat filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. Freedom Northwest Credit Union v. National Credit Union Administration (filed Sep 12, 2019)
    The Freedom Northwest Credit Union submitted a FOIA request to the National Credit Union Administration for records concerning guidelines for NCUA. The agency acknowledged receipt of the request but after hearing nothing further, Freedom National Credit Union filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. NOEL v. EXPERIAN et al (filed Sep 13, 2019)
    Shawn Noel filed suit against Experian and Equifax, alleging they had disclosed his personal information. This is not a FOIA case.
    Issues: FOIA not mentioned
24. Rajab v. United States Citizenship and Immigration Services et al (filed Sep 13, 2019)
    Hassam Zuhir Rajab submitted a FOIA request to the Department of Homeland Security for records concerning his Alien file, including the notes taken during his asylum hearing. Rajab also asked for expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rajab filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
25. Smith v. U.S. Department of Transportation et al (filed Sep 13, 2019)
    Steven Smith submitted four FOIA requests to the Department of Transportation and one FOIA request to the Department of Health and Human Services. His requests to DOT concerned a fly-over of his home. His FOIA request to HHS asked for records concerning Medicare coverage of biopsies for suspicious cancerous lesions. The agencies acknowledged receipt of his requests but after both agencies failed to respond, Smith filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Recovery of Costs, Litigation – Vaughn index

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• The Center for Investigative Reporting v. Department of Labor (filed Sep 5, 2019)
• Young v. Annual Report of Blocked Property TDF 90-22.50 et al (filed Aug 7, 2019)