HUMAN RIGHTS DEFENSE CENTER v. IMMIGRATION & CUSTOMS ENFORCEMENT and 14 other new FOIA lawsuits

We have added 80 documents from 15 FOIA cases filed between August 29, 2021 and September 4, 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. HUMAN RIGHTS DEFENSE CENTER v. IMMIGRATION & CUSTOMS ENFORCEMENT (filed Aug 30, 2021)
   Human Right Defense Center submitted a FOIA request to U.S. Immigration for records concerning 11 companies that operated detention centers for the agency. HRDC also requested a fee waiver. The agency acknowledged receipt of the request and granted HRDC’s request for a fee waiver. After hearing nothing further from the agency, HRDC filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Hart v. Facebook, Inc. et al (filed Aug 31, 2021)
   Justin Hart filed suit against Facebook and the Department of Health and Human Services after he was removed from Facebook and Twitter for posting false information about the pandemic. This is not a FOIA claim.
   Issues: FOIA not mentioned
3. Yassein v. El Paso Intelligence Center (filed Aug 30, 2021)
   Younes Yassein submitted a FOIA request to the Department of Justice for records concerning an incident in which is car was searched by the El Paso Intelligence Center. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Yassein filed suit.
   Issues: Failure to respond within statutory time limit
4. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE INTERIOR OFFICE OF INSPECTOR GENERAL (filed Aug 30, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Interior for records concerning an unredacted version of the Inspector General’s investigation of the role of the Park Police in clearing Lafayette Square so that President Trump could take a photo. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. SOLOMON v. UNITED STATES DEPARTMENT OF STATE (filed Aug 30, 2021)
   John Solomon of Fox News submitted a FOIA request to the Department of State for records concerning a letter from June 2015 from Assistant Secretary of State Victoria Nuland to Ukraine Prosecutor General Viktor Shokin. Solomon also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Solomon’s request for expedited processing. After hearing nothing further from the agency, Solomon filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. HUMAN RIGHTS DEFENSE CENTER v. U.S. SECRET SERVICE et al (filed Aug 30, 2021)
   Human Rights Defense Center submitted a FOIA request to U.S. Secret Service for records concerning litigation filed against it and the outcome of litigation that resulted in awards of more than $1,000. HRDC also requested a fee waiver. The agency acknowledged receipt of the request. The agency responded with a four-page list. HRDC filed an administrative appeal, arguing that the agency had not adequately searched for records. The agency responded that it had referred some records to the Executive Office for U.S. Attorneys for its direct response. EOUSA sent a few records. After hearing nothing further from the agency, HRDC filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 30, 2021)
   Judicial Watch submitted a FOIA request to the National Institute of Health for records concerning emails sent by NIH Director Francis Collins related to “gain of function,” “hydroxychloroquine,” “HCQ,” and “Wuhan Institute of Virology.” 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
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 30, 2021)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the role of the office of United Nations High Commissioner for Refugees in processing asylum seekers in Northern Mexico. 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
9. Informed Consent Action Network v. National Institutes of Health (filed Aug 30, 2021)
   The Informed Consent Action Network submitted a FOIA request to the National Institutes of Health for records concerning the identities of qualified staff who reviewed a 2015 report on whether the Wuhan Virology Lab was involved in gain of function, as suggested by Sen. Rand Paul in a Senate hearing. The agency acknowledged receipt of the request but after hearing nothing from the agency, ICAN filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
10. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed Aug 31, 2021)
    The National Student Legal Defense Network submitted three FOIA requests to the Department of Education for records concerning audits of La’James International College. The agency acknowledged receipt of the requests and told NSLDN that it could find no responsive records for several requests. After hearing nothing further from the agency, NSLDN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 31, 2021)
    Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning the COVID-19 Community Corps program. 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
12. Informed Consent Action Network v. National Institutes of Health (filed Aug 31, 2021)
    The Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning the identities of qualified staff who reviewed a 2015 report on whether the Wuhan Virology Lab was involved in gain of function, as suggested by Sen. Rand Paul in a Senate hearing. ICAN also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
13. Danko Meredith v. National Transportation Safety Board ("NTSB") (filed Sep 2, 2021)
    Danko Meredith, a law firm in Redwood Shores, California representing the family of William Goldman, who died when his small plane suddenly stopped functioning while in flight, submitted a FOIA request to the National Transportation Safety Board for records concerning the fatal crash. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Danko Meredith filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. ERB v. YELLEN (filed Sep 3, 2021)
    Daniel Erb submitted a FOIA request to the Department of Treasury for records concerning his security clearance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Erb filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Sep 3, 2021)
    Citizens United submitted a FOIA request to the Department of State for records concerning communications from employees at the Wuhan consulate or the U.S. Embassy in Beijing containing keywords pertaining to Wuhan. Citizens United also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees