CALLIMACHI v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION and 20 other new FOIA lawsuits, plus case descriptions

We have added 180 documents from 19 FOIA cases filed between August 9, 2020 and August 15, 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. CALLIMACHI v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 11, 2020)
   Journalist Rukmini Callimachi submitted three FOIA requests to the National Archives and Records Administration. Her first FOIA request was for records concerning the 1989 Romanian revolution. Her second FOIA request was for records concerning the 1989 Malta summit between President George Bush and Mikhail Gorbachev. NARA told Callimachi that it had located thousands of potentially responsive records, many of which were classified. NARA suggested that she proceed with a mandatory declassification review. She declined to pursue that alternative. NARA then told her that since the responsive records were in the George Bush presidential library, they could not be processed remotely. Callimachi’s third FOIA was for records concerning the 1989 execution of Romanian leader Nicolae Ceausescu. NARA told her that there were 60 publicly available responsive pages and an additional 18 pages that needed to be processed. After hearing nothing further from the NARA, Callimachi filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MAYS v. FEDERAL BUREAU OF PRISONS et al (filed Aug 10, 2020)
   Joseph Mays, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning his treatment at FCI Butner. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mays filed suit.
   Issues: Failure to respond within statutory time limit
3. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 9, 2020)
   Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning the Per and Polyfluoralkyl Substances national plan. The agency acknowledged receipt of the request. The agency asked PEER for several extensions of time in which to respond. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit
4. Ana Muniz v. The United States Department of Homeland Security (filed Aug 10, 2020)
   Ana Muniz, an assistant professor of criminology at the University of California-Irvine, whose research specializes in immigrant gangs, submitted a FOIA request to U.S. Citizenship and Immigration Service for records concerning the number of individuals for whom U.S. Immigration and Customs Enforcement has received criminal history information from foreign partners under the Criminal History Sharing Program. Muniz’s FOIA request was referred to ICE for response. ICE acknowledged receipt of the request. After hearing nothing further from the agency, Muniz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. SECRET v. FEDERAL BUREAU OF INVESTIGATION et al (filed Aug 10, 2020)
   Mosi Secret, a journalist, submitted a FOIA request to the FBI for records concerning the deceased racial justice activist Darren Seals. Secret also requested expedited processing, a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency granted Secret’s request for inclusion in the news media fee category but denied his requests for expedited processing and a fee waiver. The agency told him that the estimated completion date for processing his request would be 1,432 days. After hearing nothing further from the agency, Secret filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. LEOPOLD et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Aug 10, 2020)
   Journalist Jason Leopold submitted a FOIA request to Department of Homeland Security, Department of Interior, and the General Services Administration for records concerning riots and protests in Minneapolis, Washington, and Los Angeles stemming from the killing of George Floyd. Leopold also requested expedited processing. The agencies acknowledged receipt of the request. Several agencies granted expedited processing. However, after hearing nothing further from any of the agencies, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BACKSTOP FILMS LLC et al v. U.S. DEPARTMENT OF THE NAVY (filed Aug 10, 2020)
   Backstop Films submitted a FOIA request to the Department of the Navy for records the trial transcripts of the court-martial of former SEAL Eddie Gallagher. Backstop submitted a second FOIA request for audio recordings of the proceedings. The agency acknowledged receipt of the requests. The agency did not respond to the request for trial transcripts but denied the request for audio recordings under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Backstop Films filed an administrative appeal of the denial of its request for audio records but after hearing nothing further from the agency, Backstop Films filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. GOLDWATER INSTITUTE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 11, 2020)
   The Goldwater Institute submitted a FOIA request to the FDA for records concerning the agency’s review of EA submissions from major institutions. The Goldwater Institute also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency estimated the Goldwater Institute’s request would take seven months to complete. After hearing nothing further from the agency, the Goldwater Institute filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Aug 11, 2020)
   American Oversight submitted FOIA requests to the Department of Homeland Security and the Department of Defense for records concerning actions taken under the Defense Production Act to reroute or reprioritize specific shipments of emergency supplies during the pandemic. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests. The Federal Emergency Management Agency granted American Oversight’s request for expedited processing. After hearing nothing further from any of the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. TOLCHIN v. DEPARTMENT OF THE TREASURY et al (filed Aug 11, 2020)
    Robert Tolchin, an attorney, submitted a FOIA request to the Office of Foreign Assets Control, part of the Department of Treasury, for records concerning funds forfeited to the U.S. from actions taken in doing business with a state sponsor of terrorism. The agency acknowledged receipt of the request. OFAC told Tolchin that it could not respond in a timely manner. Tolchin then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 11, 2020)
    Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning the agency’s proposed rulemaking on streamlining the process for permit appeals. The agency acknowledged receipt of the request. The agency asked PEER to clarify the scope of its request. After the agency told PEER that it would take several more weeks before it could begin working on its request, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. PROTECT DEMOCRACY PROJECT, INC. v. UNITED STATES POSTAL SERVICE (filed Aug 12, 2020)
    Protect Democracy Foundation Project submitted two FOIA requests to U.S. Postal Service for records concerning the agency’s preparations for the anticipated surge in voting by mail. PDFP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency denied PDFP’s request for expedited processing but granted its request for a fee waiver. The agency told PDFP that subparts of its request were too broad to search. The agency also told PDFP that it had found a handful of responsive records and was withholding a two-page memo under Exemption 5 (privileges) and had redacted personally identifying information under Exemption 6 (invasion of privacy). PDFP then suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. NATIONAL COUNCIL FOR ADOPTION v. U.S. DEPARTMENT OF STATE (filed Aug 12, 2020)
    The National Council for Adoption submitted ten FOIA requests to the Department of State for records concerning the agency’s relationship with the Intercountry Adoption Accreditation and Maintenance Entity and its selection as the accrediting entity for adoption providers. NCA also requested expedited processing and a fee waiver. The agency denied NCA’s request for expedited processing and deferred a decision of NCA’s fee waiver request. NCA filed an administrative appeal of the agency’s denial of its expedited processing request. The agency upheld its original denial. After hearing nothing further from the agency pertaining to any of its requests, NCA filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. MUNGUIA v. U.S. DEPARTMENT OF STATE (filed Aug 12, 2020)
    Angel Munguia submitted a FOIA request to the Department of State for records concerning evidence presented to the agency by Honduran presidential candidate Salvador Nasralla that the Honduran election was tampered with by an Amazon server in Texas. Munguia also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Munguia’s request for expedited processing. After hearing nothing further from the agency, Munguia filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Open Society Justice Initiative v. Department of Health and Human Services et al (filed Aug 12, 2020)
    The Open Society Justice Initiative submitted FOIA requests to the Department of Health and Human Services and the Department of Homeland Security for records concerning the agencies’ response to Covid-19. OSJI also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. However, after hearing nothing further from any of the agencies, OSJI filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
16. Rich v. Executive Office of Immigration Review (filed Aug 12, 2020)
    Katherine Honor Rich, an attorney, submitted a FOIA request to the Executive Office for Immigration Review for records concerning her client. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rich filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. PHILLIPS v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Aug 13, 2020)
    Joshua Phillips, a freelance journalist, submitted three FOIA requests to OMB for records concerning training on how to respond to a pandemic. Phillips also requested expedited processing. The agency acknowledged receipt of the requests. Phillips also submitted a FOIA request to the Department of Veterans Affairs for records concerning negligent death complaints made to the agency because of corona virus. The agency acknowledged receipt of the request. However, after hearing nothing further from the either agency pertaining to any of his requests, Phillips filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. AMERICAN OVERSIGHT v. U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT (filed Aug 14, 2020)
    American Oversight submitted two FOIA requests to U.S. Agency for International Development for records concerning calendars and emails for senior officials. The agency acknowledged 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
19. AMAYA HERNANDEZ v. Executive Office for Immigration Review et al (filed Aug 14, 2020)
    Yenny Amaya Hernandez submitted FOIA requests to the Executive Office for Immigration Review and the Department of Homeland Security for records concerning her interactions with the agencies pertaining to immigration benefits. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Amaya Hernandez filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 8 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• WILSON et al v. FEDERAL BUREAU OF PRISONS (filed Aug 4, 2020)
• AST v. DEPARTMENT OF JUSTICE et al (filed Aug 4, 2020)