TRANSGENDER LAW CENTER et al v. UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT and 17 other new FOIA lawsuits
We have added 105 documents from 18 FOIA cases filed between August 8, 2021 and August 14, 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.
- TRANSGENDER LAW CENTER et al v. UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (filed Aug 12, 2021)
The Transgender Law Center and Rapid Defense Network submitted FOIA request to U.S. Immigration and Customs Enforcement for records concerning mental and physical policies for transgendered individuals as well as the treatment of transgender individuals who had been detained by ICE. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Transgender Law Center and Rapid Defense Network filed suit.
Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Ellis v. State of California Franchise Tax Board (filed Aug 10, 2021)
Michael Elias submitted an access request to the California Franchise Tax Board for records concerning the board’s authority. After hearing nothing further from the agency, Elias filed suit. Since the Franchise Tax Board is not a federal agency, this is not a FOIA claim.
Issues: FOIA not mentioned - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Aug 11, 2021)
Judicial Watch submitted a FOIA request to the Department of Defense for records concerning emails exchanged by Secretary Lloyd Austin and any mil or gov email addresses pertaining to the Countering Extremism Working Group. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Aug 11, 2021)
Judicial Watch submitted a FOIA request to the Department of Defense for records concerning the monitoring of social media accounts of service members for extremist content or activity. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 11, 2021)
Judicial Watch submitted a FOIA request to the Department of State for records concerning the investigation of the origins of the SARS virus or COVID-19 by the Bureau of Arms Control Verification. 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 - AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Aug 13, 2021)
America First Legal Foundation submitted a FOIA request to the Department of Homeland Security for records concerning reports referred to in the Weekly Reporting of All Enforcement and Removal Actions in a memo from Tae Johnson to ICE employees. The agency acknowledged receipt of the request and told America First that it was invoking a 10-day extension to respond. After hearing nothing further from the agency, America First Foundation filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - PARTIALLY IMPORTANT PRODUCTIONS, LLC v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Aug 13, 2021)
Partially Important Productions, which produced Last Week Tonight With John Oliver, submitted a request to U.S. Citizenship and Immigration Services for records concerning the settlement negotiations between musician Lee Greenwood and the agency for copyright infringement of Greenwood’s song “God Bless the USA.” Partially Important Productions also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied PIP’s request for expedited processing. After hearing nothing further from the agency, PIP filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Bowes-Northern v. Phoenix Police Department (filed Aug 8, 2021)
Shedrick Bowes-Northern filed suit against the Phoenix Police Department for failing to disclose requested records. This is not a FOIA case.
Issues: FOIA not mentioned - Center for Biological Diversity v. Bureau Of Land Management (filed Aug 9, 2021)
The Center for Biological Diversity submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s approval of the Final Programmatic Environmental Impact Statement for Fuel Breaks in the Great Basin. The agency acknowledged receipt of the request and placed it in the complex track for processing. After hearing nothing further from the agency, CBD filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Carter v. U.S. Department of Justice (filed Aug 11, 2021)
Darryl Carter submitted a FOIA request to the FBI for records concerning tips about public corruption and other crimes. He also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing from the agency Carter filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Recovery of Costs - Rapid Defense Network et al v. United States Immigration & Customs Enforcement (filed Aug 12, 2021)
The Rapid Defense Network and the Transgender Law Center submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning transgendered individuals in detention. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Rapid Defense Network and the Transgender Law Center filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Esrati v. U.S. Department of Justice et al (filed Aug 10, 2021)
David Estrati submitted a FOIA request to the Department of Justice for records concerning for a presentation before the grand jury investigating him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Estrati filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Alferez v. Immigration and Customs Enforcement (filed Aug 9, 2021)
Marco Alferez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning himself. After hearing nothing further from the agency, Alferez filed suit.
Issues: Failure to respond within statutory time limit - John D. Wheeler & Associates v. Defense Health Agency (filed Aug 9, 2021)
John D. Wheeler & Associates submitted a FOIA request to the Defense Health Agency for records concerning the agency and UnitedHealth Military & Veterans Services pertaining to the allowed billing ratio. The agency acknowledged receipt of the request but after hearing nothing further from the agency, John D. Wheeler & Associates filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Heavey v. U.S. Department of Justice (filed Aug 10, 2021)
Monica Heavey submitted a FOIA request to the FBI for records concerning herself. The FBI acknowledged receipt of the request and told Heavey that it located no responsive records. Heavy filed an administrative appeal of the no records response. The FBI denied Heavey’s administrative appeal and she filed suit.
Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - TRANSGENDER LAW CENTER et al v. UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (filed Aug 12, 2021)
The Transgender Law Center and Rapid Defense Network submitted four FOIA requests to U.S. Immigration and Customs Enforcement for records concerning policies and guidance for the treatment of transgender individuals. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Transgender Law Center and Rapid Defense Network filed suit.
Issues: Failure to respond within statutory time limit, Choice of format, Litigation – Attorney’s fees - Moore v. United States Postal Service (filed Aug 12, 2021)
Frank Moore submitted a FOIA request to U.S. Postal Service for records concerning his injuries sustained when he fell from a loading dock at the Detroit post office. The agency acknowledged receipt of the request and eventually disclosed two pages with redactions. Moore filed an administrative appeal asking for an unredacted copy. After hearing nothing further from the agency, Moore filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Montana Environmental Information Center v. United States Bureau of Land Management (filed Aug 13, 2021)
The Montana Environmental Information Center submitted a FOIA request to the Bureau of Land Management for records concerning federal mining claims in Meagher County applied for and acquired by Tintina Montana. MEIC also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MEIC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
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