CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE and 12 other new FOIA lawsuits

We have added 92 documents from 9 FOIA cases filed between December 1, 2019 and December 7, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Dec 4, 2019)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Bureau of Prisons for records concerning the agency’s recent attempts to procure three drugs used in federal executions. CREW also requested a fee waiver. The agency acknowledged receipt of the request. BOP denied the request entirely, citing a variety of exemptions. CREW filed an administrative appeal of the denial. CREW also submitted a FOIA request to the Department of Justice for the same records requested from BOP. The agency acknowledged receipt of the request and told CREW it qualified for unusual circumstances. After hearing nothing further from either agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Folkman v. U.S. Department of State (filed Dec 2, 2019)
   Theodore Folkman, an attorney, submitted a FOIA request to the Department of State for records concerning provision of benefits to locally-employed staff at any U.S. embassy or consulate injured on the job under the Federal Employees Compensation Act or similar statute in the foreign country. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Folkman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MARTINEZ v. U.S. DEPARTMENT OF JUSTICE (filed Dec 3, 2019)
   Freddy Martinez, a journalist, submitted a FOIA request to the Department of Justice for records concerning Brian Benezkowski’s daily calendar and those of his staff from September 2019 to October 2019. Martinez also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further, Martinez filed an administrative appeal challenging the delay. After hearing nothing further from the agency, Martinez filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. PIERCE v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Dec 4, 2019)
   George Pierce submitted six FOIA requests to the Department of Homeland Security for records concerning emails from various officials mentioning his name. The agency acknowledged receipt of the requests. After the agency failed to respond, Pierce filed complaints with the Office of Government Information Services. After hearing nothing from the agency, Pierce filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. (PS) Graham v. United States Department of Homeland Security et al (filed Dec 5, 2019)
   Mark Graham submitted a FOIA request to the Department of Homeland Security for records concerning a number of items that were listed on the agency’s website. The agency acknowledged receipt of the request but after hearing nothing further in response to his request, Graham filed suit.
   Issues: Failure to respond within statutory time limit
6. Roll v. United States Department of Veterans Affairs (filed Dec 5, 2019)
   Stewart Roll submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency’s decision that Roll was not exposed to Agent Orange during his 1970-1971 tour in Vietnam. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Roll filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. STONEHILL v. INTERNAL REVENUE SERVICE (filed Dec 6, 2019)
   Pauline Stonehill, co-executor of the estate of Henry Stonehill, submitted a FOIA request to the IRS for records concerning Henry Stonehill’s estate. The agency told her that once the estate was closed, she no longer had a right of access comparable to when an estate was still being settled. Stonehill appealed that ruling, which was upheld. She then filed suit.
   Issues: Litigation – Attorney’s fees
8. TOBIAS v. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY et al (filed Dec 6, 2019)
   Jimmy Tobias, a reporter, submitted 16 FOIA requests to the Department of the Interior for records concerning the title transfer of the Central Valley Project. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CHEN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Dec 6, 2019)
   Ram Chen submitted a FOIA request to the Department of Health and Human Services for records concerning how Bio Medical Advanced Research and Development Authority funded buildings in College Station and Byran, Texas to address the country’s preparedness for medical emergencies. The agency acknowledged receipt of the request. Chen contacted the agency a number of times to check on the status of his request. However, after hearing nothing further from the agency, Chen filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. FLIPPIN v. US DEPARTMENT OF JUSTICE et al (filed Nov 25, 2019)
2. PETOFF v. TRUMP et al (filed Nov 25, 2019)
3. SHARPERSON v. U.S. DEPARTMENT OF JUSTICE (filed Nov 25, 2019)
4. KEYS v. BARDY et al (filed Nov 25, 2019)