NATIONAL PUBLIC RADIO, INC. et al v. U.S. CENTRAL COMMAND et al and 19 other new FOIA lawsuits

We have added 97 documents from 14 FOIA cases filed between March 6, 2022 and March 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. NATIONAL PUBLIC RADIO, INC. et al v. U.S. CENTRAL COMMAND et al (filed Mar 10, 2022)
   National Public Radio and Public Broadcasting of Colorado submitted 10 FOIA requests to U.S. Central Command, the Department of the Air Force, and the Department of the Army for records concerning health questionnaires given to all service members who were at K2, a Soviet era air base in southeastern Uzbekistan, between June 6, 2002 and July 30, 2002 with personal information redacted. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, NPR filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Juan Jose Carvajal Ramirez v. United States Department of State (filed Mar 12, 2022)
   Juan Jose Carvajal Ramirez submitted FOIA requests to the Department of State and the Department of Homeland Security for records concerning the decision by U.S. Citizenship and Immigration Services to rescind his permanent residence status. The State Department acknowledged receipt of his request but indicated that he had not provided a certificate of authorization. Ramirez sent a second copy of the authorization but heard nothing further from the agency. In his request to DHS, he asked for expedited processing. DHS acknowledged receipt of the request and denied his request for expedited processing. Ramirez filed an administrative appeal of DHS’s denial of expedited processing. Ramirez also filed an administrative appeal of the agency’s failure to respond to his request. The agency acknowledged receipt of the appeals but after hearing nothing further from either agency, Ramirez filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
3. CHAVIS v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Mar 7, 2022)
   Michael Chavis, an investigator for the Federal Defender Services of Eastern Tennessee, submitted FOIA requests to the Department of Justice for records concerning Ricardo Sanchez, who had been convicted for murder as well as gun and drug charges along with Daniel Troya. Chavis’s office was defending Sanchez in his post-conviction appeal. Chavis made requests to the FBI for records about Sanchez’s case. Because his requests asked for records on his co-defendants, the FBI divided the requests into three separate requests and issued Glomar responses for records concerning third parties. Chavis filed administrative appeals challenging the agency’s actions. The Office of Information Policy upheld the Glomar responses. Chavis also argued that the agency had not searched for records of the murder for which Sanchez and others were convicted. The agency indicated that it was processing those records but Chavis heard nothing further from the FBI. Chavis also requested from the DEA. The agency acknowledged receipt of the request and redacted 107 pages and withheld entirely 225 pages. Chavis filed an administrative appeal of the DEA’s decision. Chavis heard nothing more from the DEA. Chavis also requested records from the Organized Crime Drug Enforcement Task Forces. OCDETF acknowledged receipt of the request and disclosed 10 heavily redacted pages. Chavis filed an administrative appeal. The agency acknowledged receipt of the appeal. After hearing nothing further from any of the agencies, Chavis filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search
4. SPARACINO PLLC v. UNITED STATES AIR FORCES CENTRAL (filed Mar 9, 2022)
   The law firm of Sparacino, PLLC submitted a FOIA request to U.S. Air Force Central for records concerning Significant Activity Reports for a specified attack in Iraq that killed or injured one servicemember and 12 civilian contractors. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sparacino filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
5. SPARACINO PLLC v. UNITED STATES MARINE CENTRAL (filed Mar 9, 2022)
   The law firm of Sparacino, PLLC submitted a FOIA request to U.S. Marines Central Headquarters for records concerning AR 15-6 Investigation Report summaries pertaining to specified attacks in Iraq that resulted in the injuries or deaths of 106 identified servicemembers or civilian contractors. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sparacino filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
6. SPARACINO PLLC v. UNITED STATES NAVAL FORCES CENTRAL COMMAND (filed Mar 9, 2022)
   The law firm of Sparacino, PLLC submitted a FOIA request to U.S. Naval Forces Central Command for records concerning Significant Activity Reports for specified attacks in Iraq that killed or injured eight identified servicemembers and 12 civilian contractors. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sparacino filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
7. BIRKENFELD v. DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL (filed Mar 9, 2022)
   Bradley Birkenfeld submitted a FOIA request to the Department of Homeland Security for records concerning the transcript for his testimony before the Senate Committee on Permanent Investigations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Birkenfeld filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 9, 2022)
   Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning deaths or injuries from the use of investigatory vaccines for SARS-CoV-2 and COVID-19. The agency acknowledged receipt of the request and told Judicial Watch it was invoking a 10-day extension. 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. CENTER FOR FOOD SAFETY v. FOOD AND DRUG ADMINISTRATION (filed Mar 10, 2022)
   The Center for Food Safety submitted a FOIA request to the FDA for records concerning the agency’s assessments of AquaBounty’s AquAdvantage salmon drug application. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, the Center for Food Safety filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. JAMES MADISON PROJECT et al v. OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE (filed Mar 10, 2022)
    The James Madison Project and journalist Brian Karem submitted a FOIA request to the Office of the Director for National Security for records concerning the ODNI assessment of unidentified health incidents. Karem and JMP also requested expedited processing. ODNI acknowledged receipt of the request. ONDI denied JMP’s request for expedited processing. JMP and Karem then filed suit.
    Issues: Expedited processing, Litigation – Attorney’s fees
11. TKACHUK v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed Mar 11, 2022)
    Sofiya Tkachuk submitted a FOIA request to U.S. Customs and Border Protection for records concerning video, audio and other records of the agency’s decision to deny Tkachuk entry into the United States at LAX International Airport. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tkachuk filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. v. UNITED STATES DEPARTMENT OF LABOR et al (filed Mar 9, 2022)
    Broad Atlantic Associates submitted a FOIA request to the Department of Labor for records concerning an investigation by the Occupational Safety and Health Administration of a workplace incident at a worksite in Newark, New Jersey owned by Broad Atlantic Associates. The agency acknowledged receipt of the request. The agency initially denied the request based on Exemption 7(A) (interference with ongoing investigation or proceeding). However, after the investigation was completed, OSHA disclosed 1,150 pages, with several hundred pages withheld and several hundred more pages with redactions. Broad Atlantic filed an administrative appeal of the denial but after hearing nothing further from the agency, Broad Atlantic filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Heinz v. Clerk, Portage County Court of Common Pleas (filed Mar 11, 2022)
    Timothy Heinz was evicted as the result of credit card debt. He requested records from the Portage County Clerk of the Court of Common Pleas. This is not a FOIA claim.
    Issues: FOIA not mentioned
14. Hagar v. Federal Bureau of Investigation (filed Mar 10, 2022)
    Michael Hagar, a federal prisoner, submitted a FOIA request to the FBI for records concerning his case. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hagar filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 33 documents from 6 cases, with earlier filing dates, that have recently appeared on PACER.

1. NATIONAL PUBLIC RADIO, INC. v. UNITED STATES DEPARTMENT OF STATE (filed Mar 4, 2022)
   National Public Radio submitted a FOIA request to the Department of State for records concerning negotiations with Cuba over a list of excludable aliens whom Cuba would allow the U.S. to repatriate. NPR also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NPR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
2. REUTERS NEWS & MEDIA INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 3, 2022)
   Reuter News & Media, Inc. submitted a FOIA request to the Department of Health and Human Services for records concerning contract awarded related to the COVID-19 pandemic. The agency acknowledged receipt of the request. The agency told Reuters that it found no responsive records. Reuters filed an administrative appeal. After hearing nothing further from the agency, Reuters filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES GEOLOGICAL SURVEY (filed Mar 2, 2022)
   Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Geological Survey on behalf of Eveline Emmenegger for records concerning the deletion of records from her personnel file. The agency acknowledged receipt of the request. The agency told PEER it had identified 4,043 potentially responsive pages. However, after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 2, 2022)
   The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning each alien removed by ICE in FY 2019, FY 2020, and FY 2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. BUZZFEED INC. v. FEDERAL BUREAU OF INVESTIGATION et al (filed Feb 28, 2022)
   BuzzFeed, Inc. submitted a FOIA request to the FBI for records concerning the unprocessed records from the Yale Law School bombing. BuzzFeed also requested a fee waiver. The agency acknowledged receipt of the request. The agency put BuzzFeed in the “other” request category and indicated it would need to pay $475 in fees. BuzzFeed an administrative appeal, arguing that it belonged in the media fee category. However, while its appeal was pending, BuzzFeed agreed to pay the $475 fee under protest to move the request forward. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Failure to respond within statutory time limit
6. VEYTIA v. FEDERAL BUREAU OF INVESTIGATION et al (filed Feb 28, 2022)
   Edgar Veytia, a federal prisoner, submitted FOIA requests to the FBI and the DEA for records concerning his criminal case. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Veytia filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs