FOIA Activity: 46 new FOIA court documents, plus case descriptions

We have added 46 documents from 8 FOIA cases filed between February 21, 2021 and February 27, 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. Wu et al v. U.S. Bureau of Citizenship & Immigration Services et al (filed Feb 23, 2021)
   Minjiong Wu and Jin Ying submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning Wu and Ying. The agency acknowledged receipt of the request but after hearing nothing further from the agency they filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
2. Soto Villafuerte et al v. Department of Homeland Security et al (filed Feb 26, 2021)
   Jose Guadalupe Soto Villafuerte and Jordan Taylor Soto submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning Soto Villafuerte. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Sotos filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Claussen et al v. Centers for Medicare & Medicaid Services et al (filed Feb 26, 2021)
   Debra and Herm Claussen submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the investigation of their son’s death in 2018. They submitted a second request concerning Blue Valley Hospital, where their son died. The agency acknowledged receipt of the requests but only responded to the request pertaining to their son, explaining that third-party data was exempt. The Claussens filed an administrative appeal. After hearing nothing further from the agency, the Claussens filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Simatic v. Commissioner of Social Security (filed Feb 23, 2021)
   Mary Simatic submitted a FOIA request to the Social Security Administration for records concerning her electronic disabilities file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Simatic filed suit.
   Issues: Failure to respond within statutory time limit
5. HASBROUCK v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Feb 21, 2021)
   Edward Hasbrouck, a freelance journalist, submitted FOIA requests to the National Archives and Records Administration for records concerning the work of the Draft Commission, which was created in 2017 to study selective service. NARA divided his requests into requests for temporary records and permanent records. After NARA failed to respond, Hasbrouck filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Feb 23, 2021)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s Wild Horse and Burro Program System discussing the adoption of wild horses or burros from January 2018 to the present. The agency acknowledged receipt of the request and asked for an estimated date of completion. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 24, 2021)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Homeland Security and the Department of Interior for records concerning the clearing of protestors from Layette Square so that then President Donald Trump could take a photo in front of St. Thomas’s Episcopal Church. CREW also requested a fee waiver and inclusion in the media fee category. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PUBLIC CITIZEN v. UNITED STATES CENTRAL COMMAND (filed Feb 25, 2021)
   Public Citizen submitted a FOIA request to U.S. Central Command for records concerning communications between the Central Command and Erik Prince, the former head of security contractor Blackwater Worldwide. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request. Public Citizen contacted the agency several times for an estimated date of completion. After hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees