LONG et al v. DEPARTMENT OF JUSTICE et al and 22 other new FOIA lawsuits, plus case descriptions

We have added 145 documents from 19 FOIA cases filed between March 8, 2020 and March 14, 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. LONG et al v. DEPARTMENT OF JUSTICE et al (filed Mar 11, 2020)
   Susan Long and David Burnham, co-directors of the Transactional Records Access Clearinghouse (TRAC), submitted requests to the Department of Justice and the EPA for records concerning FOIA requests submitted through FOIA Online from October 2012 through September 2019. The agencies acknowledged receipt of the requests. DOJ’s Office of Information Policy told TRAC that it did not maintain records for requests submitted through FOIA Online because that system was operated by the EPA. TRAC filed an administrative appeal of OIP’s no records response. After hearing nothing further from either agency, TRAC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. The Legal Aid Society v. United States Department of Housing and Urban Development (filed Mar 13, 2020)
   On behalf of the Legal Aid Society, the law firm of Winston & Strawn submitted a FOIA request to the Department of Housing and Urban Development for records concerning a proposed rule requiring an immigration verification to obtain housing assistance. Winston & Strawn also requested expedited processing. HUD acknowledged receipt of the request and granted Winston & Strawn’s request for expedited processing. HUD provided an interim response to part of the request but after hearing nothing further from the agency the Legal Aid Society filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Rodriguez v. Scripps Health (filed Mar 9, 2020)
   Mariella Rodriguez filed suit against Scripps Health after the medical provider failed to provide records about her medical treatment. This is not a FOIA claim.
   Issues: FOIA not mentioned
4. WILEY REIN LLP v. U.S. DEPARTMENT OF LABOR (filed Mar 9, 2020)
   The law firm of Wiley Rein submitted a FOIA request to the Department of Labor for records concerning certain investigations of battery manufacturers. The agency acknowledged receipt of the request. Wiley Rein narrowed its request to Compliance Action Reports for certain investigations of battery manufacturers. The agency provided a fee estimate, which Wiley Rein agreed to pay. However, after hearing nothing further from the agency, Wiley Rein filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. SABRA v. U.S. CUSTOMS AND BORDER PROTECTION (filed Mar 9, 2020)
   Fleta Christina Cousin Sabra, a humanitarian worker, submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which she was stopped and detained by CBP agents at a port of entry in Southern California while accompanying a family of asylum-seeking Syrians from Mexico. The agency acknowledged receipt of her request and provided her a two-page Form I-213, a Record of Deportable/Inadmissible Alien. Sabra filed an administrative appeal of the response. CBP then disclosed an additional three pages. Sabra then submitted a second request to CBP for records pertaining to her detention and asked for expedited processing. The agency acknowledged receipt but after hearing nothing further from the agency, Sabra filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. American Oversight v. Federal Bureau Of Investigation (filed Mar 9, 2020)
   American Oversight submitted a FOIA request to the FBI for records concerning communications between the agency’s New York field office and Rudy Giuliani or anyone acting on his behalf. The agency acknowledged receipt of the request but after hearing nothing further from the agency American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. BIER v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 10, 2020)
   David Bier, a policy analyst at the Cato Institute, submitted a FOIA request to U.S. Customs and Border Protection for records concerning the seizures of drugs made by CBP each month from FY 2009 through FY 2019. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Bier filed an administrative appeal of the constructive denial. The agency acknowledged receipt of Bier’s appeal but told him that since it had not made an adverse determination his appeal would be closed. After hearing nothing further from the agency, Bier filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY et al (filed Mar 10, 2020)
   American Oversight submitted FOIA requests to the Department of Treasury and the Office of the Comptroller of the Currency for records concerning appointment calendars and communications pertaining to various officials at each agency, referring to a number of outside entities and keywords. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed Mar 10, 2020)
   Judicial Watch submitted FOIA requests to the Department of State and the Department of Defense for records concerning the use of chemicals during the Syrian civil war. The agencies acknowledged receipt of the requests. After hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. BALDWIN v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 10, 2020)
    Douglas Baldwin, a private investigator in California, submitted a FOIA request to the Department of Justice for records responsive to two FOIA requests previously submitted by Thomson Reuters for records pertaining to Swoben v. Scan Health and Poehling v. United Health Group. Thomson Reuters asked DOJ if the requests could be transferred to Baldwin. The agency agreed to do so if Baldwin submitted his own request. DOJ told Baldwin that the responsive records were being withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). Baldwin filed an administrative appeal of the denial. DOJ upheld the denial based on Exemption 7(A. Baldwin then filed suit.
    Issues: Litigation – Attorney’s fees
11. Americans for Immigrant Justice, Inc. v. United States Department of Homeland Security et al (filed Mar 10, 2020)
    Americans for Immigrant Justice submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning contracts between the agency and Larkin Community Hospital to provide medical services. AI Justice also requested a fee waiver. Although the agency did not initially acknowledge receipt of the request, it did provide a tracking number after AI Justice’s counsel contacted the agency to check on the status of the request. After hearing nothing further from the agency, AI Justice filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
12. BAILEY v. UNITED STATES DEPARTMENT OF VETERAN’S AFFAIRS (filed Mar 10, 2020)
    Collin Bailey submitted a FOIA request to the Department of Veterans Affairs for records concerning his medical claims. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bailey filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. OPEN SOCIETY JUSTICE INITIATIVE v. UNITED STATES DEPARTMENT OF JUSTICE, CRIMINAL DIVISION et al (filed Mar 11, 2020)
    The Open Society Justice Initiative submitted FOIA requests to the Department of Justice and U.S. Citizenship and Immigration Services for records concerning the denaturalization and deportation of American citizens from 1948 through 2018. The agencies acknowledged receipt of the requests. DOJ’s Criminal Division provided four documents, but all the other agency components did not respond. The Open Society Justice Initiative then filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
14. The Center for Investigative Reporting et al v. United States Department of Commerce (filed Mar 12, 2020)
    Will Carless, a reporter for the Center for Investigative Reporting, submitted three FOIA requests to the Department of Commerce for records concerning the 2020 Census. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his request, Carless and CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. American Civil Liberties Union et al v. U.S. Department of Homeland Security et al (filed Mar 12, 2020)
    The ACLU submitted a FOIA request to the Department of Homeland Security for records concerning the use of facial recognition at airports and the border. The ACLU also requested expedited processing and a fee waiver. The agency components acknowledged receipt of the request. ICE granted the ACLU’s request for a fee waiver. After hearing nothing further the ACLU filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
16. LEOPOLD et al v. CENTERS FOR DISEASE CONTROL et al (filed Mar 13, 2020)
    BuzzFeed reporter Jason Leopold submitted FOIA requests to the Centers for Disease Control and the Federal Emergency Management Agency. Leopold’s FOIA request to CDC asked for emails mentioning coronavirus. He also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Leopold his request was too broad. Leopold filed an administrative appeal. The agency then agreed to conduct a search. CDC also granted Leopold’s request for expedited processing. Leopold then narrowed the request but did not hear anything further from the agency. Leopold’s FOIA request to FEMA asked for any contingency plans for coronavirus. Leopold also requested expedited processing. FEMA granted Leopold’s request for expedited processing. Leopold narrowed his request to contingency plans in the possession of FEMA and emails pertaining to such plans. After hearing nothing further from either agency, Leopold filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. AMERICAN WILD HORSE CAMPAIGN v. DEPARTMENT OF INTERIOR et al (filed Mar 13, 2020)
    The American Wild Horse Campaign submitted FOIA requests to the Bureau of Land Management for records concerning the disposition of wild horses to other countries. The agency acknowledged receipt of the requests. The agency told AWHC that it did not find any records responsive to one of its requests. After hearing nothing further from the agency, AWHC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. NATIONAL TREASURY EMPLOYEES UNION v. BUREAU OF LAND MANAGEMENT (filed Mar 13, 2020)
    The National Treasury Employees Union submitted a FOIA request to the Bureau of Land Management for records concerning all bargaining unit eligible agency employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NTEU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. SPLESTOSER V. DEPARTMENT OF DEFENSE et al. (filed Mar 13, 2020)
    Kathryn Spletstoser submitted a FOIA request to the Department of the Air Force for records concerning the agency’s sexual assault investigation of General John Hyten. The agency acknowledged receipt of the request but after hearing nothing further from the agency Spletstoser filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 12 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. Hornbuckle v. Centers for Medicare & Medicaid Services (filed Mar 6, 2020)
2. HARRINGTON v. FOOD AND DRUG ADMINISTRATION et al (filed Mar 5, 2020)
3. COX v. DEPARTMENT OF TREASURY AND TAX INSPECTOR GENERAL FOR TAX ADMINISTRATION et al (filed Mar 3, 2020)
   Janis Cox submitted FOIA requests to the Department of the Treasury, the Tax Inspector General for Tax Administration, and the IRS for records concerning whether she was subject to tax laws. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies Cox filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
4. REYONOSO v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Mar 2, 2020)
   Agustin Nunez Reyonso, a federal prisoner, submitted FOIA requests to components of the Department of Justice for records concerning his prosecution and conviction. The components acknowledged receipt of the requests. The Executive Office for U.S. Attorneys, the DEA, and the Bureau of Prisons withheld records under Exemption 7 (law enforcement records). Reyonoso filed an administrative appeal to the Office of Information Policy. OIP upheld the agencies’ decisions. Reyonoso then filed suit.
   Issues: Exemption 7 – Law enforcement records