BRADY CENTER TO PREVENT GUN VIOLENCE v. FEDERAL BUREAU OF INVESTIGATION and 9 other new FOIA lawsuits

We have added 74 documents from 10 FOIA cases filed between January 17, 2021 and January 23, 2021. 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. BRADY CENTER TO PREVENT GUN VIOLENCE v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 19, 2021)
   The Brady Center for Gun Violence submitted two FOIA requests for records. The first request asked for records concerning standard operating procedures for the National Instant Criminal Background Check System. The second request asked for records concerning the impact of the pandemic on the ability to conduct background checks for gun purchases. The agency acknowledged both requests but after hearing nothing further from the agency, the Brady Center for Gun Violence filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. DOCUMENTED v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jan 19, 2021)
   Documented submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning outbound transmissions that contained criminal notices from ICE to Honduras in Fiscal Year 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Documented filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. West v. Village of Washington Park et al (filed Jan 19, 2021)
   Timothy West filed suit against the Village of Washington Park alleging a violation of the Illinois Open Meetings Act. This is not a FOIA claim.
   Issues: FOIA not mentioned
4. The Diennet Pharmacy et al v. United States Department of Justice et al (filed Jan 20, 2021)
   The Diennet Pharmacy submitted a FOIA request to the Drug Enforcement Administration for records concerning Dr. Marcel Diennet or the Diennet Pharmacy. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Diennet Pharmacy filed an administrative appeal. The Office of Information Policy acknowledged receipt of the appeal. Diennet Pharmacy asked OIP to order DEA to disclose records on a rolling basis. After hearing nothing further from the agency, Diennet Pharmacy filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
5. Blevins v. Bureau of Alcohol Tobacco Firearms and Explosives et al (filed Jan 20, 2021)
   Shondolyn Blevins, a federal prisoner, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning his trial. After hearing nothing further from the agency, Blevins filed suit.
   Issues: Failure to respond within statutory time limit
6. Oram v. Wilkie et al (filed Jan 20, 2021)
   Cyril Oram submitted a FOIA request to the Department of Veterans Affairs for records about his veterans’ benefits. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Oram filed suit.
   Issues: Failure to respond within statutory time limit
7. FRIEDMAN v. U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION (filed Jan 22, 2021)
   Ron Friedman submitted a FOIA request to U.S. Customs and Border Protection for records concerning the revocation of his Global Entry/Trusted Traveler Program membership. The agency acknowledged of the request and denied the request entirely. Friedman filed an administrative appeal. The agency sided with Friedman but told him that some portions of the records would still be redacted under Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing further from the agency, Friedman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CALCUTT et al v. UNITED STATES DEPARTMENT OF STATE (filed Jan 22, 2021)
   Dana Madsen Calcutt and Michael Calcutt submitted a FOIA request to the Department of State for records concerning the death of Colin Madsen in Russia in 2016. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Calcutts filed suit
   Issues: Failure to respond within statutory time limit
9. HAMER v. DEPARTMENT OF THE ARMY (filed Jan 22, 2021)
   Melinda Hamer submitted a FOIA request to the Department of the Army for records concerning the agency’s finding that her sexual harassment complaint was unfounded. The agency acknowledged receipt of the request. After hearing nothing from the agency, Hamer filed an administrative appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, Hamer filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. Albert v. U.S. Department of Defense (filed Jan 22, 2021)
    Benjamin Albert submitted a FOIA request to the Department of Defense for records concerning the agency’s surveillance of him and his software company. After hearing nothing further from the agency, Albert filed suit.
    Issues: Failure to respond within statutory time limit