New York Civil Liberties Union v. Administration for Children and Families et al and 11 other new FOIA lawsuits

We have added 62 documents from 12 FOIA cases filed between January 5, 2020 and January 11, 2020. 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. New York Civil Liberties Union v. Administration for Children and Families et al (filed Jan 9, 2020)
   The New York Civil Liberties Union submitted a FOIA request to the Administration for Children for records concerning a grant program run by the agency designed to use allegations of gang violence to deport unaccompanied minor children. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency NYCLU filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Novo Legal Group, LLC v. United States Immigration and Customs Enforcement (filed Jan 6, 2020)
   Novo Legal Group submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning contracts between the agency and GEO Group for housing ICE detainees. The agency acknowledged receipt of the request. After hearing nothing from the agency in three months, Novo Legal Group filed an administrative appeal. After the agency still failed to respond, Novo Legal Group filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. Hucul v. United States Department of Health and Human Services et al (filed Jan 7, 2020)
   Michael Hucul submitted a FOIA request to the Office of Child Support Enforcement at the Department of Health and Human Services for records concerning California’s child support enforcement program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hucul filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Litigation – Vaughn index
4. TIGAY v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jan 7, 2020)
   Chanan Tigay submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning emails sent or received between Peter Edge, the Homeland Security Investigations Executive Associate Director and Angel Melendez, the special agent in charge of ICE Homeland Security Investigations in New York City between September 15, 2016 and October 15, 2016. The agency acknowledged receipt of the request. Tigay tried to check the status of the request several times but after hearing noting further from the agency, Tigay filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. BBK Tobacco & Foods LLP v. US Department of Health and Human Services (filed Jan 8, 2020)
   BBK Tobacco & Foods submitted a FOIA request to the FDA for records concerning communications between the agency and a number of Tobacco companies and named employees pertaining to BBK Tobacco & Foods. The agency acknowledged receipt of the request. The agency located 747 pages. It released 605 pages and withheld 142 pages in full under Exemption 4 (confidential business information). BBK Tobacco & Foods filed an administrative appeal, arguing that many of the documents were not responsive and challenging the adequacy of the agency’s search. After hearing nothing further from the agency, BBK Tobacco & Foods filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. GUN OWNERS OF AMERICA, INC v. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS & EXPLOSIVES (filed Jan 8, 2020)
   The Gun Owners Association of America submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning employees who are both law enforcement agents and regulatory inspectors. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Gun Owners Association of America filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BUSH v. UNITED STATES DEPARTMENT OF AGRICULTURE et al (filed Jan 8, 2020)
   William Bush filed suit against the Department of Agriculture, arguing that the agency had a practice or policy of refusing to respond to FOIA requests.
   Issues: Litigation – Jurisdiction
8. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF STATE (filed Jan 9, 2020)
   Democracy Forward Foundation submitted a FOIA request to the Department of State for records concerning the creation of a Commission on Unalienable Rights. DFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
9. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Jan 9, 2020)
   Public Employees for Environmental Responsibility submitted FOIA request to the National Park Service for records concerning the agency’s decision to no longer require mandatory attendance by law enforcement personnel at the Land Management Training Program run by the Federal Law Enforcement Training Center. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. ROSEDALE v. INTERNAL REVENUE SERVICE (filed Jan 9, 2020)
    Michael Rosedale submitted a FOIA request to the IRS for records concerning the Return Preparer PTIN List. The agency acknowledged receipt of the request and denied Rosedale’s request. Rosedale then filed an administrative appeal. The agency upheld its original decision denying Rosedale’s request. Rosedale then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
11. JUSTICE ACTION CENTER v. US DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 10, 2020)
    The Justice Action Center submitted a FOIA request to the Department of Homeland Security for records concerning DACA renewal applications. JAC also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, JAC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. RUGG v. FEDERAL AVIATION ADMINISTRATION (filed Jan 10, 2020)
    Linda Rugg submitted a FOIA request to the Federal Aviation Administration for records concerning the certification of the Boeing MAX 8. The agency acknowledged receipt of the request and took an extension of time for processing the request. After hearing nothing further from agency, Rugg filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees