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The New York Times Company v. Federal Bureau of Prisons and 45 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt on February 6th, 2020

We have added 108 documents from 18 FOIA cases filed between January 26, 2020 and February 1, 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. The New York Times Company v. Federal Bureau of Prisons (filed Jan 30, 2020)
    The New York Times Company submitted two FOIA requests to the Bureau of Prisons for records concerning the housing of Jeffrey Epstein, including video recordings of his suicide and first suicide attempt. Its two FOIA requests were consolidated and denied on the basis of Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods or techniques), and Exemption 7(F) (harm to any person). The New York Times filed an administrative appeal. The agency acknowledged receipt of the appeal. The New York Times filed a third FOIA request for Epstein’s phone calls while in custody. The New York Times also requested expedited processing. The agency acknowledged receipt of the request and denied the New York Times’ request for expedited processing. The New York Times filed a fourth request for records concerning the last three phone conversations Epstein had. The New York Times also requested expedited processing. The agency acknowledged receipt of the request, denied the Times’ request for expedited processing and indicated that it was consolidating the two requests pertaining to Epstein’s phone calls. After hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  2. Eiswerth v. U.S. Department of Homeland Security et al (filed Jan 26, 2020)
    Kelly Ellsworth submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was assaulted at Andrade Port of Entry by CBP agents. The agency acknowledged receipt of the request. The agency responded to Ellsworth’s request by telling him that it could find no records. Ellsworth filed an administrative appeal. After hearing nothing further from the agency, Ellsworth filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  3. Phelan v. Housing and Urban Development (filed Jan 26, 2020)
    Harold Phelan, the attorney for Kimberly Mayfield, who had filed an EEOC complaint against the Dallas Office of the Department of Housing and Urban Development, submitted FOIA requests to the agency for records concerning employee training. The agency acknowledged receipt of the requests but despite several attempts by Phelan to check the status of his requests, he heard nothing further from the agency. Phelan then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  4. The Center for Investigative Reporting et al v. Department of Health and Human Services (filed Jan 27, 2020)
    Aura Bogado, a reporter for the Center for Investigative Reporting, submitted five FOIA requests to the Administration for Children and Families for records concerning electronic entries of unaccompanied minor children. CIR also requested a fee waiver for each request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, Bogado and CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. National Public Radio, Inc. et al v. U.S. Department of the Army et al (filed Jan 27, 2020)
    National Public Radio reporter Eric Westervelt submitted a FOIA request to the Department of the Army for records concerning an attack on the 3rd Division, 2nd Brigade mobile tactical operations center in Iraq on April 7, 2003. Westervelt also requested a fee waiver. The Army acknowledged receipt of the request and told Westervelt that it was transferring the request to Central Command for processing. Westervelt checked with Central Command on the status of his request and was told it had not received the request. After hearing nothing further from the agencies, Westervelt and NPR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  6. PUBLIC CITIZEN HEALTH RESEARCH GROUP v. U.S. FOOD AND DRUG ADMINISTRATION (filed Jan 27, 2020)
    Public Citizen Health Research Group filed a FOIA request to the FDA for records concerning analyses,and recommendations of the prescription drug Balversa. The agency acknowledged receipt of the request and told PCHRG that it was placing the request on the complex track for processing. After hearing nothing further from the agency, PCHRG filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  7. GUN OWNERS OF AMERICA, INC v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 27, 2020)
    Gun Owners of America submitted a FOIA request to the FBI for records concerning the NICIS Indices Self-Submission Form, allowing otherwise eligible persons to report themselves to the federal government as ineligible to purchase or possess firearms. The agency acknowledged receipt of the request and told Gun Owners of America that it expected to complete the request in 1,591 days. After hearing nothing further from the agency, Gun Owners of America filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  8. WILDERNESS SOCIETY v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Jan 27, 2020)
    The Wilderness Society submitted FOIA requests to the Department of Interior, the Department of Agriculture, OMB, and the Council on Environmental Quality for records concerning the Colorado Outdoor Recreation and Economy Act (CORE), particularly testimony by Interior and Agriculture before the House Natural Resources Committee. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the Wilderness Society filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (filed Jan 27, 2020)
    Citizens for Responsibility and Ethics in Washington submitted three FOIA requests to the Department of Justice for records concerning the cost of trips related to John Dunham’s review of the origins of the government’s investigation of Russian interference in the 2016 election. CREW also asked for expedited processing for its second and third requests. DOJ acknowledged receipt of the requests and denied CREW’s requests for expedited processing. After hearing nothing further from the agency pertaining to any of its three requests, CREW filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  10. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR (filed Jan 27, 2020)
    The Center for Biological Diversity submitted a FOIA request to the Department of Interior for records concerning the Tusayan Stilo development near the Grand Canyon. The agency acknowledged receipt of the request. The agency told CBD that its request was placed on the complex track for processing. After hearing nothing further from the agency, CBD filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 28, 2020)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning cables/teletypes or emails sent by the State Department to the U.S. Embassy in Kyiv containing the term “Burisma.” 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
  12. Shafiq v. Department of Justice (filed Jan 28, 2020)
    Hatim Shafiq submitted a FOIA request to the FBI and the Criminal Division at the Department of Justice. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Shafiq filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 29, 2020)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning communications that included State Department Resident Legal Advisor in Ukraine Jeff Cole and U.S. Embassy Kyiv employee Svitlana Pardus and also included National Security Council staffer Eric Ciaramella. 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
  14. Synopsys, Inc. v. U.S. Department of Labor (filed Jan 30, 2020)
    Synopsis, Inc. filed suit against the Department of Labor to block it from disclosing EEO-1 reports that had been ordered disclosed in December 2019 in response to a FOIA request from the Center for Investigative Reporting, arguing that the reports contained sensitive commercial information.
    Issues: Litigation – Reverse-FOIA – Confidential business information
  15. Synopsys, Inc. v. U.S. Department of Labor (filed Jan 30, 2020)
    Synopsis, Inc. filed suit against the Department of Labor to block it from disclosing EEO-1 reports that had been ordered disclosed in December 2019 in response to a FOIA request from the Center for Investigative Reporting, arguing that the reports contained sensitive commercial information.
    Issues: Litigation – Reverse-FOIA – Confidential business information
  16. MARTINEZ v. U.S. DEPARTMENT OF JUSTICE et al (filed Jan 30, 2020)
    Freddy Martinez, a journalist, submitted a FOIA request to the FBI for records concerning open or closed investigations of Rep. Rashida Tlaib, Ilhan Omar, Ayanna Pressley, and Alexandria Ocasio-Cortez, pertaining to threats to their safety. The agency acknowledged Martinez’s request and split it into four separate requests. The FBI then told Martinez that it was administratively closing his requests because they required the agency to answer questions. Martinez filed an administrative appeal of all four requests. The agency remanded the requests for further processing. The agency told Martinez that it was searching for records on threats to Ocasio-Cortez and Omar. It also told Martinez that it found no records pertaining to threats to Pressley. After hearing nothing further from the agency, Martinez filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  17. HARPER v. DEPARTMENT OF INTERIOR (filed Jan 30, 2020)
    David Harper submitted two FOIA requests to the Bureau of Land Management for records. His first FOIA request asked for records concerning disciplinary actions related to him from June 2017 to the present. His second FOIA request was sent to the BLM Idaho Field Office asking for records related to a decision in his administrative grievance. The agency acknowledged receipt of the requests. In response to his request to the BLM Idaho Field Office, the agency located 121 pages, which were transferred to the Office of the Inspector General for review. OIG denied records under Exemption 5 (privileges). After hearing nothing further from the agency, Harper filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  18. Hawkinson v. Immigration and Customs Enforcement et al (filed Jan 31, 2020)
    John Hawkinson, a freelance reporter, submitted FOIA requests to the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement for records concerning communications between EOIR and ICE pertaining to the Pereira Brito litigation. Hawkinson also requested a fee waiver. The agencies acknowledged receipt of the request and both agencies told Hawkinson that his request was complex and would take further time to process. After hearing nothing further from either agency, Hawkinson filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver

In addition, we have added 93 documents from 28 cases, with earlier filing dates, that have recently appeared on PACER.

  1. GRAHAM v. UNITED STATES FEDERAL BUREAU OF INVESTIGATION (filed Jan 23, 2020)
  2. BARNHILL v. UNITED STATES COAST GUARD (filed Jan 21, 2020)
  3. BALLOW v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 21, 2020)
  4. CAUSE OF ACTION INSTITUTE v. WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET (filed Sep 17, 2019)
  5. Ecological Rights Foundation et al v. United States Environmental Protection Agency (filed Jul 24, 2019)
  6. ARIZONA FAMILY HEALTH PARTNERSHIP et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 8, 2018)
  7. PICHARDO-MARTINEZ v. UNITED STATES MARSHALS SERVICE (filed Oct 29, 2018)
  8. BRAUN v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 14, 2018)
  9. POWELL v. SOCIAL SECURITY ADMINISTRATION (filed Apr 6, 2018)
  10. ABAKPORO v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Apr 5, 2018)
  11. ANDERSON v. FEDERAL BUREAU OF PRISONS (filed Mar 9, 2018)
  12. POWELL v. INTERNAL REVENUE SERVICE (filed Feb 23, 2018)
  13. POWELL v. UNITED STATES DEPARTMENT OF TREASURY, OFFICE OF FOREIGN ASSETS CONTROL (filed Oct 30, 2017)
  14. Clervrain v. United States of America et al (filed Oct 30, 2017)
  15. BLAKENEY v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 23, 2017)
  16. JACKSON v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Oct 13, 2017)
  17. KROCKA v. EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS et al (filed Oct 4, 2017)
  18. WILLIS v. NATIONAL SECURITY AGENCY (filed Sep 26, 2017)
  19. NORTHROP GRUMMAN SYSTEMS CORPORATION v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (filed Sep 15, 2017)
  20. Poulsen v. Department of Defense et al (filed Jun 19, 2017)
  21. SANDOVAL v. U.S. DEPARTMENT OF JUSTICE et al (filed Mar 29, 2017)
  22. POWELL v. INTERNAL REVENUE SERVICE et al (filed Feb 13, 2017)
  23. Falls v. Campbell et al (filed Jan 3, 2017)
  24. HILLIER v. CENTRAL INTELLIGENCE AGENCY et al (filed Sep 12, 2016)
  25. FOLEY v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 10, 2016)
  26. BELL v. DEPARTMENT OF DEFENSE (filed May 20, 2016)
  27. THOMPSON v. SESSIONS (filed Jan 4, 2016)
  28. KINNELL v. UNITED STATES JUDICIAL COURTS et al (filed Apr 1, 2015)

From → FOIA, PACER

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