JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY and 9 other new FOIA lawsuits, plus case descriptions

We have added 49 documents from 7 FOIA cases filed between February 6, 2022 and February 12, 2022. 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. JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY (filed Feb 7, 2022)
   The James Madison Project and journalist Brian Karem submitted a FOIA request to the CIA for records concerning an assessment issued by the Office of the Director of National Intelligence pertaining to the Unidentified Health Incidents that have been diagnosed in embassy personnel in various countries such as Cuba. JMP and Karem also requested expedited processing. The agency acknowledged receipt of the request but denied JMP and Karem’s request for expedited processing. JMP and Karem then filed suit.
   Issues: Expedited processing
2. CHAM BANK S.A. v. U.S. DEPARTMENT OF THE TREASURY (filed Feb 9, 2022)
   Cham Bank, a Syrian bank, submitted two FOIA requests to the Department of Treasury for records concerning the designation of the Cham Bank as a specially Designated Nationals and Blocked Persons by the Office of Foreign Assets Control. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Cham Bank filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
3. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF ENERGY (filed Feb 9, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Energy for records returned in a keyword search of “Mulhern,” “Granholm Mulhern Associates,” and “Dan Mulhern” related to Secretary Jennifer Granholm’s ethics agreement. The agency acknowledged receipt of the request. PPT agreed to narrow the scope of its request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
4. Immigrant Defense Project v. United States Immigration and Customs Enforcement (filed Feb 10, 2022)
   The Immigrant Defense Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning updated data from its 2019 FOIA requests pertaining to custody decisions and determinations as to conditions of release. IDP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IDP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
5. Nettesheim v. United States Department of Justice (filed Feb 11, 2022)
   Sophie Nettesheim submitted a FOIA request to the Department of Justice for records concerning a list of complete vehicle identifications for commercial vehicles. After hearing nothing from the agency, Nettesheim filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. Newman v. Department of Services for Children (filed Feb 7, 2022)
   Shantell Newman sued the Delaware Department of Children’s Services for harassment. This is not a FOIA suit.
   Issues: FOIA not mentioned
7. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Feb 9, 2022)
   The American Center for Law and Justice submitted a FOIA request to the Department of Homeland Security for records concerning border-related human trafficking and exploitation of women and children. The agency acknowledged receipt of the request. The agency indicated that it had a backlog that would delay the processing of ACLJ’s request. After hearing nothing further from the agency, ACLJ 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. CASE NUMBER NOT USED (filed Feb 4, 2022)
2. CASE NUMBER NOT USED (filed Feb 4, 2022)
3. KRUGLOV v. UNITED STATES CUSTOMS & BORDER PROTECTION (filed Feb 1, 2022)