EMUWA et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY and 15 other new FOIA lawsuits, plus case descriptions

We have added 121 documents from 16 FOIA cases filed between June 28, 2020 and July 4, 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. EMUWA et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Jun 29, 2020)
   Amara Emuwa, Michaux Lukusa, Mohammed Alqaraghuli, Fnu Alatanhua, and the Louise Trauma Center submitted FOIA requests to the Department of Homeland Security for records concerning their asylum assessment reports. The agency acknowledged receipt of their requests but refused to provide the assessment recommendation for the asylum interviews. Emuwa and the others then filed a class action practice or policy claim suit.
   Issues: Litigation – Attorney’s fees
2. Gonzales v. Brown et al (filed Jun 30, 2020)
   Kellie Gonzales filed an employment discrimination suit against the U.S. Army pertaining to an incident in which she was stopped by a U.S. Army police officer in Colorado. This is not a FOIA suit.
   Issues: FOIA not mentioned
3. Informed Consent Action Network v. National Institutes of Health (filed Jun 29, 2020)
   Informed Consent Action Network submitted FOIA requests to the National Institute of Health for records concerning government ownership of any potential COVID-19 vaccine. Informed Consent Action Network also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, ICAN filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Jun 29, 2020)
   Judicial Watch submitted FOIA requests to the Department of Justice and the Securities and Exchange Commission for records concerning Donald Haidl, who was deceased, and Entrade, Inc. Judicial Watch noted that the requests were related to previous requests it had submitted in 2008. DOJ acknowledged receipt of the request while Judicial Watch did not receive an acknowledgment from the SEC. After hearing nothing further from either, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Wattleton v. U.S. Department of Justice (filed Jun 29, 2020)
   David Wattleton, a federal prisoner, submitted a request to the Department of Justice for the psychiatric assessment of him performed during his criminal trial. After hearing nothing further from the agency, Wattleton filed suit. This is a Privacy Act request rather than a FOIA request.
   Issues: Failure to respond within statutory time limit
6. INFANTI v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jun 29, 2020)
   Anthony Infanti submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning Hristo Ivanov. The agency acknowledged receipt of the request. The agency provided some records but told Infanti that other records were contained on a computer disc that could not be converted. Infanti filed an administrative appeal of the decision. The agency denied his appeal. Infanti then complained to the Office of Government Information Services. OGIS told Infanti that the agency refused to change his position. Infanti then filed suit.
   Issues: Litigation – Recovery of Costs
7. DEGENS v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jun 29, 2020)
   Anthony Degens filed suit against the FBI for allegedly maintaining inaccurate records that connected him to organized crime. This is not a FOIA suit.
   Issues: FOIA not mentioned
8. SALAME v. U.S. DEPARTMENT OF JUSTICE (filed Jun 30, 2020)
   Richard Salame, a journalist, submitted a FOIA request to the Department of Justice for records concerning complaints submitted to the voting section of the civil rights division. Salame also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Salame that it had received 167 complaints. After hearing nothing further from the agency, Salame filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY (filed Jul 1, 2020)
   American Oversight submitted four FOIA requests to the Department of Treasury for records concerning appointment calendars and communications between the agency and outside parties pertaining to the stimulus. The agency acknowledged receipt of the requests 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
10. The Center for Investigative Reporting v. U.S. Department of Interior (filed Jul 2, 2020)
    Lance Williams, a reporter for the Center for Investigative Reporting, submitted FOIA requests to the Department of Interior for records concerning meetings held by the agency and California state officials that included David Bernhardt and the Bureau of Land Reclamation. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Williams and CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. RYO v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 1, 2020)
    Emily Ryo, a professor of law and sociology at the University of Southern California, submitted two FOIA requests to the Department of Homeland Security for records concerning naturalization data for 2018 and 2019. The agency acknowledged receipt of the requests. In response to the 2018 request, the agency told Ryo that it was withholding personal information under Exemption 6 (invasion of privacy). Ryo filed an administrative appeal of that decision. The agency agreed to disclose some data it had previously withheld. The agency denied Ryo’s request for a fee waiver for her 2019 request. Ryo filed an administrative appeal of that decision but after hearing nothing further from the agency Ryo filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. The Center for Investigative Reporting, et al v. U.S. Department of Interior (filed Jul 2, 2020)
    Lance Williams, a reporter for the Center for Investigative Reporting, submitted FOIA requests to the Department of Interior for records concerning meetings held by the agency and California state officials that included David Bernhardt and the Bureau of Land Reclamation. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Williams and CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. AMERICAN OVERSIGHT v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jul 2, 2020)
    American Oversight submitted five FOIA requests to the Office of the Director of National Intelligence for records concerning communications between senior officials and outside parties, including keyword searches. The agency acknowledged receipt of the requests 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
14. DAVITA INC. v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Jul 2, 2020)
    Davita, Inc., a leading provider of kidney care, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning comments made for the agency’s proposed rule change entitled Medicare Secondary Payer for Disabled Active Individuals. Davita also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Davita filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. State of New York v. The U.S. Environmental Protection Agency (filed Jul 2, 2020)
    The State of New York submitted a FOIA request to the EPA for records concerning the implementation of Executive Order 13,771, which requires agencies to eliminate two regulations for every one promulgated. New York also requested a fee waiver. The agency acknowledged receipt of the request and denied New York’s request for a fee waiver. The agency promised to process the request but after hearing nothing further from the agency, New York filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Open Society Justice Initiative v. Department of Defense et al (filed Jul 2, 2020)
    The Open Society Initiative submitted FOIA requests to the Department of Defense and other agencies that are part of the Intelligence Community for records concerning COVID-19. The Open Society Initiative also requested a fee waiver. The agencies acknowledged receipt of the requests. The CIA issued a Glomar response neither confirming nor denying the existence of records. After hearing nothing further from any of the agencies, the Open Society Initiative filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver