Black Veterans Project et al v. United States Department of Veterans Affairs and 6 other new FOIA lawsuits

We have added 41 documents from 7 FOIA cases filed between July 4, 2021 and July 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. Black Veterans Project et al v. United States Department of Veterans Affairs (filed Jul 8, 2021)
   The Black Veterans Project and the National Veterans Council for Legal Redress submitted FOIA requests to the Department of Veterans Affairs for records concerning disability claims and race. The agency acknowledged receipt of the requests. The agency responded in part to the requests but after finding the agency’s response was insufficient, the Black Veterans Project filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Smith v. USA (filed Jul 4, 2021)
   Dyane Smith submitted a FOIA request to the IRS for records concerning the satisfaction of the debt judgment entered between Smith and the IRS. After the agency failed to respond, Smith complained to the Office of Government Information Services. The agency then provided what Smith characterized as non-responsive records. After hearing nothing further from the agency, Smith filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jul 5, 2021)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning diversity training for the military. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. FERGUSON v. NATIONAL PARK SERVICE (filed Jul 5, 2021)
   Jacob Ferguson submitted a FOIA request to the National Park Service for records concerning permitted events in and around the Lincoln Memorial for 2020 and 2021. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Ferguson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF ENERGY (filed Jul 6, 2021)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning diversity training for the military. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. KANTER v. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Jul 8, 2021)
   Genevieve Kanter submitted a FOIA request to the Department of Health and Human Services for records concerning initial breach reports submitted to the Office of Civil Rights. The agency acknowledged receipt of the request and asked Kanter for clarification. Kanter provided clarification of her request. After hearing nothing further from the agency, Kanter filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. ALBALADEJO v. IMMIGRATION & CUSTOMS ENFORCEMENT (filed Jul 10, 2021)
   Angelika Albaladejo, an investigative journalist, submitted two FOIA requests to U.S. Immigration and Customs Enforcement. Her first FOIA request aksed for records concerning safety reports filed by ICE Air Operations. The agency acknowledged receipt of the request and initially denied it entirely. Albaladejo filed an administrative appeal and the agency remanded the case for a search which yielded 49 page. The agency then agreed to conduct a further search. Her second request asked for records of misconduct by IAO employees. The agency told Albaladejo that it found no responsive records. Albaladejo filed an administrative appeal of that request. ICE upheld its no records decision on appeal. Albaladejo then filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees