NBCUniversal Media, LLC et al v. U.S. Department of Homeland Security Immigration and Customs Enforcement

We have added 92 documents from 15 FOIA cases filed between January 12, 2020 and January 18, 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. NBCUniversal Media, LLC et al v. U.S. Department of Homeland Security Immigration and Customs Enforcement (filed Jan 13, 2020)
   NBC reporter Hannah Rappleye submitted two FOIA requests to the Department of Homeland Security for records concerning detainees who died in the custody of U.S. Immigration and Customs Enforcement during 2018 and 2019. In response to her 2018 request, ICE told Rappleye that a list of detainees who died in ICE custody was available on the agency’s website. Rappleye filed an administrative appeal of that decision, arguing that the data elements available on the website were far less than publicly available in prior years. In response to her 2019 request, ICE told Rappleye that the information was exempt under Exemption 7(A) (ongoing investigation or proceeding). Rappleye filed an administrative appeal of that decision as well. However, after hearing nothing further from the agency pertaining to either request, Rappleye filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. DOCUMENTED v. U.S. DEPARTMENT OF THE INTERIOR (filed Jan 15, 2020)
   Documented, Inc., a watchdog group that investigates corporate influence over public policy, submitted FOIA requests to the Department of Interior for communications between various officials and outside groups. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests Documented, Inc. filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. TOBIAS v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 15, 2020)
   Journalist Jimmy Tobias submitted six FOIA requests to the Department of Homeland Security for records concerning communications to or from certain agency officials as well as records from U.S. Immigration and Customs Enforcement about public protests in New York City. The agency acknowledged receipt of Tobias’ requests but after hearing nothing further from the agency pertaining to any of his requests Tobias filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF ENERGY (filed Jan 16, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Department of Energy for records concerning the Interconnections Seam Study, an evaluation of options for improving the connections within the U.S. electrical grid. CBD also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked CBD if it would accept responsive emails immediately and then choose relevant email attachments. CBD agreed to the proposal with the caveat that it would not be required to submit new FOIA requests for email attachments. The agency also granted CBD’s request for a fee waiver. After hearing nothing further from the agency CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 16, 2020)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the agency’s use of the social media app CrowdTangle to monitor the social media use of journalists, reporters, or media commentators. 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
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 16, 2020)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the monitoring of journalists. The agency acknowledged request 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
7. SOLOMON v. U.S. DEPARTMENT OF STATE (filed Jan 17, 2020)
   Journalist John Solomon submitted a FOIA request to the Department of State for records concerning contacts by former U.S. Ambassador to Ukraine Marie Yovanovich and Ukraine Prosecutor General Yuriy Lutsenko. Solomon also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Solomon filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Brennan Center For Justice at the New York University School Of Law v. United States Department of Homeland Security et al (filed Jan 16, 2020)
   The Brennan Center for Justice submitted two FOIA requests to the Department of Homeland Security for records concerning the Data Analysis System. The Brennan Center also submitted a FOIA request to the Department of Homeland Security for records identified in its records disposition authority to the National Archives and Records Administration. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agencies administratively closed the Brennan Center’s request for records disposition materials. The Brennan Center filed an administrative appeal of that decision. However, after hearing nothing further from the agency, the Brennan Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Satterfield & Pontikes Construction, Inc. v. UNITED STATES DEPARTMENT OF THE NAVY (filed Jan 13, 2020)
   Satterfield & Pontikes Construction submitted two FOIA requests to the Department of the Navy for records concerning construction at the Navy facility in Gulfport, MS, particularly records submitted by Whiting Turner Contracting Company. The agency acknowledged receipt of the requests and told Satterfield & Pontikes that the cost of providing the records would be $2,724. Satterfield & Pontikes agreed to pay the fees but after hearing nothing further from the agency, Satterfield & Pontikes filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. GOLDSTEIN v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jan 13, 2020)
    Roman Goldstein submitted a FOIA request to the Federal Reserve for records concerning the names, job titles, and other identifying information, including salary, of all agency employees for FY 2018 and FY 2019. The agency acknowledged receipt of the request. The agency provided responsive records but withheld the names of criminal investigators in the Office of the Inspector General under Exemption 7(C) (invasion of privacy concerning law enforcement records). It also withheld salary figures for all employees making less than $225,000 under Exemption 6 (invasion of privacy). Goldstein filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Goldstein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Sanctions
11. International Refugee Assistance Project, Inc. v. Defense Contract Management Agency et al (filed Jan 13, 2020)
    The International Refugee Assistance Project submitted a FOIA request to the Defense Contract Management Agency for records concerning contracts between the U.S. government and any company that employed or subcontracted with any entity that employed Afghan citizens eligible for special immigrant visas. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Langton v. United States Department of Homeland Security (filed Jan 14, 2020)
    Darrin Langston submitted a FOIA request to the Department of Homeland Security for records concerning himself. The agency acknowledged receipt of the request. The agency issued a Glomar response, citing intelligence sources and methods under Exemption 3 (other statutes). Langston filed an administrative appeal. The agency told Langston that his appeal was heard by the Office of the Chief Administrative Law Judge at the U.S. Coast Guard. That office had reviewed the agency’s original decision and upheld its use of a Glomar response. Langston then filed suit.
    Issues: Litigation – Attorney’s fees
13. PERIOPERATIVE SERVICES AND LOGISTICS, LLC v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Jan 14, 2020)
    Perioperative Services and Logistics, a supplier of medical implant materials, submitted a FOIA request to the Department of Veterans Affairs for records concerning complaints made against Perioperative. The agency acknowledged receipt of the request. The agency responded to the request by telling Perioperative that it had found two responsive pages but they were being withheld under Exemption 5 (privileges). Perioperative filed an administrative appeal of that decision. The agency responded to Perioperative’s appeal by telling the company that the original withholding decision based on the attorney-client privilege was incorrect but that the two pages were still being withheld under another privilege as well as Exemption 6 (invasion of privacy). Perioperative Services and Logistics then filed suit.
    Issues: Litigation – Attorney’s fees
14. Harvey v. United States of America Department of Federal Bureau of Investigation (filed Jan 15, 2020)
    Jessie Harvey submitted a FOIA request to the FBI for records concerning his detention by Washington State police. After hearing nothing further from the agency, Harvey filed suit.
    Issues: Failure to respond within statutory time limit
15. Leahey v. Fine (filed Jan 17, 2020)
    Michael Leahey submitted a FOIA request to the Office of the Inspector General of the Department of Defense for records concerning an investigation. The agency denied his request. Leahey filed an administrative appeal. After hearing nothing further from the agency, Leahey filed suit.
    Issues: Failure to respond within statutory time limit