TAHIR v. UNITED STATES DEPARTMENT OF JUSTICE et al and 10 other new FOIA lawsuits, plus case descriptions

We have added 63 documents from 11 FOIA cases filed between August 1, 2021 and August 7, 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. TAHIR v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Aug 5, 2021)
   Raymond Tahir, a former FBI employee, submitted a FOIA request to the Department of Justice for records concerning annual performance appraisals he received when working at the FBI. The agency acknowledged receipt of the request and told Tahir that it was processing his request. However, after hearing nothing further from the agency, Tahir filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. HUMAN RIGHTS DEFENSE CENTER v. TRANSPORTATION SECURITY ADMINISTRATION (filed Aug 2, 2021)
   The Human Rights Defense Center submitted a FOIA request to the Transportation Security Administration for records concerning claims or lawsuits filed against TSA for awards of $1,000 or more since 2011. The agency acknowledged receipt and told HRDC that its request was too broad to search. HRDC reiterated its request and indicated that it applied to all components of the agency. After hearing nothing further from the agency, HRDC filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
3. HUMAN RIGHTS DEFENSE CENTER v. NATIONAL RAILROAD PASSENGER CORPORATION (filed Aug 2, 2021)
   The Human Rights Defense Center submitted a FOIA request to the National Railroad Passenger Corporation for records concerning claims or lawsuits filed against Amtrak for awards of $1,000 or more since 2011. After hearing nothing from the agency, HRDC sent two more copies of its request. After hearing nothing further from the agency, HRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. WEST VIRGINIA HIGHLANDS CONSERVANCY v. UNITED STATES FOREST SERVICE (filed Aug 3, 2021)
   The West Virginia Highland Conservancy, a member of the Alleghany-Blue-Ridge Alliance, submitted a FOIA request to U.S. Forest Service for records concerning the agency’s plans for the Gauley National Forest. The agency acknowledged receipt of the request. The agency disclosed 489 pages in their entirety but redacted 69 pages under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). ABRA filed an administrative appeal challenging some of the Exemption 5 claims. ABRA also filed a second FOIA request. After hearing nothing further from the agency, WVHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. AMERICAN OVERSIGHT v. U.S. CENSUS BUREAU (filed Aug 3, 2021)
   American Oversight submitted two FOIA requests to U.S. Census Bureau for records concerning communications between the White House and outside entities. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION (filed Aug 4, 2021)
   The Bader Family Foundation submitted a FOIA request to the Department of Education for records concerning for keywords associated with critical race theory being taught in history classes. The agency acknowledged receipt of the request. The agency told the Bader Family Foundation that it found no responsive records. BFF filed an administrative appeal. The agency told BFF that it had located 605 responsive records, which had not been identified previously because they fell outside the date parameters of the request. However, after processing the records, the agency withheld most of them under Exemption 5 (privileges). BFF filed an administrative appeal of the withholding decision. However, after hearing nothing further from the agency, BFF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. DENNEKAMP v. DEPARTMENT OF STATE (filed Aug 4, 2021)
   Gert-Jan Dennecamp submitted a FOIA request from the Department of State for records concerning the downing of Malaysia Airlines Flight MH17 over Ukraine in July 2014. The agency acknowledged receipt of the request. The agency disclosed 17 pages in full and 42 pages with redactions. Dennecamp filed an administrative appeal. The agency told Dennecamp that it had remanded the request for a further search. After hearing nothing further from the agency, Dennecamp filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. BLACK v. MURPHY (filed Aug 4, 2021)
   Mary Black sued Tracie Murphy, director of social services for Randolph County, North Carolina after she was denied access to records. This is not a FOIA case.
   Issues: FOIA not mentioned
9. Knight First Amendment Institute at Columbia University v. Federal Bureau of Prisons et al (filed Aug 4, 2021)
   The Knight First Amendment Center at Columbia University submitted a FOIA request to the Bureau of Prisons for records concerning mail digitization systems at correctional institutions. The Knight First Amendment Institute also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. BOP granted the Knight Institute’s request for expedited processing but did not address its request for a fee waiver. After hearing nothing further from the agency, the Knight Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. WILDERNESS WORKSHOP v. DEPARTMENT OF AGRICULTURE et al (filed Aug 5, 2021)
    The Wilderness Workshop submitted a FOIA request to U.S. Forest Service for records concerning the Berlaimont Estates Route Access EIS process. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Wilderness Workshop filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Choice of format, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 6, 2021)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning U.S. diplomatic personnel seeking to enter China being subjected to anal swab tests for COVID-19. 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