AMERICAN CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA v. UNITED STATES SECRET SERVICE, plus case descriptions

We have added 93 documents from 13 FOIA cases filed between June 7, 2020 and June 13, 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. AMERICAN CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA v. UNITED STATES SECRET SERVICE (filed Jun 8, 2020)
   The American Civil Liberties Union of the District of Columbia submitted a FOIA request to U.S. Secret Service for records concerning video recordings of the July 4, 2019 arrest of Gregory Johnson outside the White House for burning two flags. The charges were subsequently dropped. The ACLU of D.C. also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of D.C. filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. BUZZFEED INC. v. FOOD AND DRUG ADMINISTRATION et al (filed Jun 10, 2020)
   BuzzFeed, Inc. submitted a FOIA request to the FDA for records concerning the use and abuse of gabapentinoids. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request and told BuzzFeed that its request would be put on the complex track for processing. BuzzFeed filed an administrative appeal of the agency’s denial of expedited processing. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. TAHIRIH JUSTICE CENTER v. DEPARTMENT OF JUSTICE et al (filed Jun 10, 2020)
   The Tahirih Justice Center submitted a FOIA request to the Executive Office for Immigration Review for records in electronic format concerning its report titled Legal Orientation Program: Cohort Analysis. Tahirih Justice Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency asked the Tahirih Justice Center to clarify its request. It did so. The agency then told the Tahirih Justice Center that its request was being delayed for technical reasons. After hearing nothing further from the agency, the Tahirih Justice Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CLEMENTE v. FBI, D.C. et al (filed Jun 10, 2020)
   Angela Clemente submitted a FOIA request to the FBI for records concerning informant files of the agency’s investigation of Gregory Scarpa, a mobster whose criminal activity had allegedly been protected by the FBI because of his role as an informant. Clemente also requested a fee waiver. The agency acknowledged receipt of the request but continued to claim that the files were protected under Exemption 7(A) (interference with ongoing investigation or proceeding). Clemente filed an administrative appeal but after hearing nothing further from the agency, Clemente filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Braggs v. Flagship Credit Acceptance (filed Jun 10, 2020)
   Myra Bragg filed suit against Flagship Credit Acceptance, alleging securities fraud. This is not a FOIA case.
   Issues: FOIA not mentioned
6. Al Otro Lado et al v. Department of Homeland Security et al (filed Jun 11, 2020)
   Al Ostro Lado, a legal aid clinic serving refugees, migrants, and deportees in the U.S. and Mexico, and the Edwin F. Mandel Legal Aid Clinic, a legal clinic at the University of Chicago specializing in immigration issues, submitted a FOIA request to the Department of Homeland Security for records concerning the outbreak of COVID-19 at detention centers. They also requested expedited processing. The agency acknowledged receipt of the request and granted the request for expedited processing. However, after hearing nothing further from the agency, the legal clinics filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. AMERICAN OVERSIGHT v. U.S. POSTAL SERVICE (filed Jun 11, 2020)
   American Oversight submitted five FOIA requests to U.S. Postal Service for records on a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of the requests, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. ROBBINS GELLER RUDMAN & DOWD LLP v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed Jun 11, 2020)
   The law firm of Robbins Geller Rudman & Dowd submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency’s investigations of OvaScience, a fertility company. The agency acknowledged receipt of the request. It then denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Robbins Geller filed an administrative appeal. The agency acknowledged receipt of the appeal. The agency denied the appeal. Robbins Geller Rudman & Dowd then filed suit.
   Issues: Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Jun 11, 2020)
   American Oversight submitted three FOIA requests to the Department of Justice for records concerning Attorney General William Barr’s meetings and communications. The agency acknowledged receipt of the three requests. However, after hearing nothing further from the agency pertaining to any of its requests, American Oversight file suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. OHIO VALLEY ENVIRONMENTAL COALITION v. UNITED STATES DEPARTMENT OF ENERGY (filed Jun 12, 2020)
    The Ohio Valley Environmental Coalition submitted a FOIA request to the Department of Energy for records concerning the agency’s support of PTT Global Chemical America ‘s planned Belmont County, Ohio petrochemical facility. The agency acknowledged receipt of the request. The agency told the Coalition that its search had located 650 potentially responsive records but after hearing nothing further from the agency, Ohio Valley Environmental Coalition filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. The Transparency Project v. U.S. DEPARTMENT OF JUSTICE et al (filed Jun 12, 2020)
    The Transparency Project submitted FOIA requests to the Department of Justice for records concerning Imran Awan, Abid Awan, Jamal Awan, Hina Alvi, Rao Abbas, and Seth Rich. The agency acknowledged receipt of the request and the FBI responded. The Transparency Project also submitted a FOIA request to the National Security Agency for records concerning a number of individuals, including Seth Rich and Julian Assange. After hearing nothing further from either agency, the Transparency Project filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. The Transparency Project v. U.S. DEPARTMENT OF JUSTICE (filed Jun 12, 2020)
    The Transparency Project submitted a FOIA request to the Department of Justice for records concerning investigations of potential or alleged misconduct by judges. The agency acknowledged receipt of the request and asked for clarification. After hearing nothing further from the agency, the Transparency Project filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. Stylianos et al v. US Citizenship and Immigration Services (filed Jun 13, 2020)
    Thomas Stylianos, an attorney, submitted a FOIA request on behalf of Daniel Dem to U.S. Citizenship and Immigration Services for records concerning Dem’s visa application and the marriage certificate for his marriage to his former wife. Both documents had been provided to the agency by Dem. The agency acknowledged receipt of the request. The agency told Stylianos that it was unable to find any records. Stylianos filed an administrative appeal. The agency then told Stylianos that it had located the records but that they were exempt because they identified Dem’s former wife. Stylianos then filed suit.
    Issues: Litigation – Attorney’s fees

In addition, we have added 10 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Hua v. Eggleston et al (filed Jun 6, 2020)