CONNELL v. CENTRAL INTELLIGENCE AGENCY and 12 other new FOIA lawsuits, plus case descriptions

We have added 70 documents from 10 FOIA cases filed between April 4, 2021 and April 10, 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. CONNELL v. CENTRAL INTELLIGENCE AGENCY (filed Apr 7, 2021)
   James Connell, a defense attorney, submitted a FOIA request to the CIA for records concerning the detention of Ammar al Baluchi at CIA-run sites from 2003-2007. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Connell filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Deep Sea Fishermen’s Union of the Pacific v United States Department of Commerce et al (filed Apr 5, 2021)
   The Deep Sea Fishermen’s Union of the Pacific submitted a FOIA request to the Department of Commerce for records concerning the North Pacific Observer program. The agency acknowledged receipt of the request and disclosed 24 documents that had been completely blacked out. The agency also provided a Vaughn index explaining the redactions. The Union argued that the agency had not searched for text messages. The agency indicated that it had found no text messages. The Union then filed suit.
   Issues: Litigation – Attorney’s fees
3. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (filed Apr 6, 2021)
   Public Employees for Environmental Responsibility submitted a FOIA request to NASA for records concerning the Santa Susana Field Lab. The agency acknowledged receipt of the request and denied PEER’s request for a fee waiver and required it to pay an advance fee of $5,741. PEER filed an administrative appeal of the agency’s denial of its fee waiver request. After hearing nothing further from the agency, PEER filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
4. AMERICAN CENTER FOR LAW AND JUSTICE v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 6, 2021)
   The American Center for Law and Justice submitted a FOIA request to the FBI for records concerning alleged Chinese spy Christine Fang and her relationship with Rep. Eric Swalwell. The agency acknowledged receipt of the request. ACLJ filed an administrative appeal after hearing nothing further from the agency. Having heard further, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 6, 2021)
   BuzzFeed reporter Jason Leopold submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning protests planned for Washington, D.C. for Jan. 6, 2021 to protest the results of the presidential election. Leopold also requested expedited processing. The agencies acknowledged receipt of the requests. DOJ located some records but withheld them all under Exemption 5 (privileges). Leopold filed an administrative appeal of that decision. DHS indicated it found no records. Leopold filed an administrative appeal of that decision. After hearing nothing further from either agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. MENDOZA GARCIA v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Apr 7, 2021)
   Wilmer Elias Mendoza Garcia submitted a FOIA request to the Department of Homeland Security for records concerning the agency’s investigation of him after he was apprehended by Customs and Border Protection agents at the Chula Vista Border Patrol station. The agency acknowledged receipt of the request and asked for clarification. Mendoza Garcia provided clarification. However, after hearing nothing further from the agency, Mendoza Garcia filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. PROJECT SOUTH et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 7, 2021)
   Project South submitted a FOIA request to the Department of Homeland Security for records concerning immigration detainers issued to five southern states. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Project South filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. Seal v. Federal Bureau of Prisons (filed Apr 8, 2021)
   Ryan Seal, a prison journalist, submitted a FOIA request to the Bureau of Prisons for records concerning an incident that took place at FCI Phoenix that resulted in a lockdown. The agency acknowledged receipt of the request but after hearing nothing further from the agency Seal filed suit.
   Issues: Failure to respond within statutory time limit
9. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Apr 8, 2021)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning permits, leases, and applications for grazing allotments within each BLM wild horse Herd Management Area in Wyoming. The agency acknowledged receipt of the request and told AWHC that it had inadvertently mixed-up some of its multiple requests. The agency agreed to try to straighten out the issue administrative but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. AMERICAN OVERSIGHT v. BUREAU OF ENGRAVING AND PRINTING et al (filed Apr 9, 2021)
    American Oversight submitted three FOIA requests to the Bureau of Engraving and Printing and the Department of Treasury for records concerning the decision not to put Harriet Tubman’s image on the twenty-dollar bill. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Schmitz v. U.S. Department of Defense Office of Inspector General et al (filed Apr 2, 2021)
2. Schmitz v. U.S. Department of Defense Office of Inspector General et al (filed Apr 2, 2021)
3. Badipalli et al v. Mayorkas et al (filed Mar 29, 2021)