FOIA Activity: 227 new FOIA court documents, plus case descriptions
We have added 227 documents from 24 FOIA cases filed between April 10, 2022 and April 16, 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.
- Community Justice Exchange et al v. U.S. Immigration and Customs Enforcement et al (filed Apr 14, 2022)
The Community Justice Exchange, Just Futures Law, and the Mijente Support Committee submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s use of B.I., Inc.’s SmartLINK Application for the Intensive Supervision Appearance Program. The requesters also asked for a fee waiver. After hearing nothing further from the agency, the requesters filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 11, 2022)
America First Legal Foundation submitted a FOIA request to the Department of Homeland Security for records concerning funding provided by DHS related to the Domestic Surveillance Strategy. The agency acknowledged receipt of the request and indicated that it was processing it. However, after hearing nothing further from the agency, AFL filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed Apr 11, 2022)
The National Student Legal Defense Network submitted five FOIA requests to the Department of Education for records concerning unpaid liabilities owned to the Department during specific periods. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, NSLDN filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - INDIANA FEDERAL COMMUNITY DEFENDERS v. US DEPARTMENT OF JUSTICE et al (filed Apr 11, 2022)
The Indiana Federal Community Defenders submitted FOIA requests to the Department of Justice for records concerning Jurijus Kadamovas, who had been sentenced to death for murder in California. The requests focused on an attempted escape from MDC Los Angeles on March 7, 2003. The FBI responded to IFCD’s requests by indicating that it had found no records. IFCD appealed that response. The agency acknowledged receipt of the requests but after hearing nothing further from the agency as to any of its requests, IFCD filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - INDIANA FEDERAL COMMUNITY DEFENDERS v. DEPARTMENT OF JUSTICE et al (filed Apr 11, 2022)
Indiana Federal Community Defenders submitted FOIA requests to the FBI, U.S. Marshals Service, and the Department of Justice’s Office of Inspector General for records concerning investigations of drug trafficking allegations at MDC Los Angeles in 2003. All three components acknowledged receipt of the requests. USMS told IFCD that it found no records while the FBI and OIG told IFCD that its requests qualified for the unusual circumstances processing track. IFCD filed an administrative appeal of the USMS’s response. After hearing nothing more from any of the agencies, IFCD filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - INDIANA FEDERAL COMMUNITY DEFENDERS v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 11, 2022)
Indiana Federal Community Defenders submitted FOIA requests to the Department of Justice’s Executive Office for U.S. Attorneys for records concern the search to fill the position of U.S. Attorney for the Central District of California after the resignation of Debra Wong Yang on November 11, 2006. EOUSA referred the request to the Office of Information Policy. OIP acknowledged receipt of the request and told IFCD that it could find no responsive records. IFCD filed an administrative appeal. OIP upheld its original decision. IFCD then submitted new FOIA requests about the Yong Wang incident that were broader in scope. EOUSA and OIP acknowledged receipt of the requests but after hearing nothing further from the agencies, IFCD filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Bridenhagen v. Defense Intelligence Agecy et al (filed Apr 11, 2022)
John Bridenhagen submitted a FOIA request to the Defense Intelligence Agency for records. The agency acknowledged receipt of the records and asked for more information. Bridenhagen provided more information but after hearing nothing further from the agency, Bridenhagen filed suit.
Issues: Failure to respond within statutory time limit - ESPOSITO v. NEW JERSEY DEPARTMENT OF THE TREASURY (filed Apr 11, 2022)
Darlene Esposito submitted an open records request to the New Jersey Department of Treasury. After the state agency failed to respond, she filed suit in federal court. This is not a FOIA claim.
Issues: FOIA not mentioned - Oakes v. United States Department of Defense (filed Apr 11, 2022)
Cameron Oakes, a freelance journalist, submitted FOIA requests to the Department of Defense for records concerning contracts and proposals related to the recruitment process. The agency acknowledged receipt of the requests but after hearing nothing substantive in response to her requests, Oakes filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Oakes v. United States Department of Health And Human Services (filed Apr 11, 2022)
Cameron Oakes, a freelance journalist, submitted a FOIA request to the Department of Health and Human Services for records concerning communications addressed to Acting Deputy for Health Information Privacy Timothy Noonan from 6/1/2020 to the present containing the terms plasma and HIPAA. Oakes also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Oakes filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees - FDRELANDSVENNEN v. U.S. DEPARTMENT OF STATE (filed Apr 12, 2022)
Faedrelandvennen, a news organization based in Norway, submitted a FOIA request to the Department of State for records between the State Department and the U.S. Embassy in Oslo regarding Batservice Mandal and Batservice Iran from 2010 until April 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Faedrelandvennen filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - NATIONAL RIFLE ASSOCIATION OF AMERICA POLITICAL VICTORY FUND et al v. FEDERAL ELECTION COMMISSION (filed Apr 12, 2022)
The National Rifle Association submitted a FOIA request to the Federal Election Commission for records concerning matters under review pertaining to several suits brought against the NRA alleging illegal campaign contributions. The agency acknowledged receipt of the request. The agency disclosed some responsive records but also withheld more than 30,000 pages under Exemption 5 (privileges). The NRA filed an administrative appeal to the FEC but after the agency told the NRA it was unable to resolve its appeal, the NRA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Knight First Amendment Institute at Columbia University v. U.S. Department of State et al (filed Apr 12, 2022)
The Knight First Amendment Institute submitted FOIA requests to the Department of State, the Department of Homeland Security, and the Office of the National Director of Intelligence for records concerning the report ordered by Section 3 of the Biden Proclamation, as well as any cover letter, transmittal email, or document attached thereto. The Knight Institute also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request. The agencies denied the Knight Institute’s request for expedited processing but granted its request for a fee waiver. After hearing nothing further from the agencies, the Knight Institute filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees - SPARACINO PLLC v. DEFENSE THREAT REDUCTION AGENCY (filed Apr 13, 2022)
The law firm of Sparacino, PLLC, which represents U.S. military veterans and their families who were killed or injured in Iraq because for support for terrorism by Iran, submitted a FOIA request to the Defense Threat Reduction Agency for records concerning 200 servicemembers killed or injured in Iraq. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Sparacino PLLC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - SPARACINO PLLC v. DEPARTMENT OF STATE (filed Apr 13, 2022)
The law firm of Sparacino, PLLC which represents U.S. military veterans and their families who were killed or injured in Iraq because for support for terrorism by Iran, submitted a FOIA request to the Department of State for records concerning the deaths of 12 identified civilian government contractors and 286 military servicemembers in Iraq from 2003 to 2017. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sparacino, PLLC 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 HEALTH AND HUMAN SERVICES (filed Apr 13, 2022)
Judicial Watch submitted a multi-part FOIA request to the Indian Health Service, a component of the Department of Health and Human Services, for records concerning communications between the Office of Community Relations in response to a letter sent by the Phoenix Indian Medical Center Staff from Acting CEO Holly Elliott on or around September 21, 2021. The agency acknowledged receipt of the request. The agency asked Judicial Watch to narrow the scope of its request, which it did. However, 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 JUSTICE (filed Apr 13, 2022)
Judicial Watch submitted a two-part FOIA request to FBI for records concerning communications between the agency and the New York Times pertaining to the raid of the home of the founder of Project Veritas in Mamaroneck, NY. The agency acknowledged receipt of the request and divided it into two requests. The FBI denied the request under Exemption 7 (A) (interference with ongoing investigation or proceeding). Judicial Watch filed administrative appeal with the Office of Information Policy. OIP upheld the FBI’s denial. Judicial Watch then filed suit.
Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 13, 2022)
Judicial Watch submitted a FOIA request to the FBI for records concerning communications between the FBI or the FBI New York Field Office and employees of Pfizer, Inc. regarding Project Veritas founder James O’Keefe. The agency acknowledged receipt of the request and divided the request into two requests. The agency issued a Glomar response neither confirming nor denying the existence of records for both requests. Judicial Watch filed administrative appeals to the Office of Information Policy. OIP upheld the denial for both requests. Judicial Watch then filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - MURALI v. U.S. SOUTHERN COMMAND et al (filed Apr 14, 2022)
Michael Murali, an attorney representing Abu Faraj-al-Libi pro bono through the Military Commissions Defense Organization, submitted FOIA requests to U.S. Southern Command, the Department of Defense, the CIA, the Department of State, the FBI, and the Department of Justice for records concerning al-Libi’s medical records. The agencies acknowledged receipt of the requests. U.S. Southern Command disclosed some records but withheld the majority of them. After none of the agencies substantively responded to Murali’s requests, he filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - STEINER v. UNITED STATES DEPARTMENT OF STATE (filed Apr 14, 2022)
Richard Steiner submitted a FOIA request to the Department of State for records concerning an application from Marine Scientific Research to conduct marine research in U.S. waters of the North Pacific. Steiner also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and indicated that it was processing it. However, after hearing nothing further from the agency, Steiner filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF THE INTERIOR (filed Apr 14, 2022)
Protecting the Public’s Trust submitted two FOIA requests to the Department of Interior for records concerning planning and preparation for Secretary Haaland’s August 2021 wedding. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency, PPT filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed Apr 14, 2022)
The National Student Legal Defense Network submitted 7 FOIA requests to the Department of Education for records concerning institutions that had been recertified to participate in Title IV HEA programs. The agency acknowledged receipt of the requests but after hearing nothing more substantive from the agency pertaining to any of its requests, Student Defense filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Petersen v. U.S. Securities and Exchange Commission (filed Apr 14, 2022)
David Petersen submitted a FOIA requests to the Securities and Exchange Commission for records concerning a number of investigations involving the SEC and the FBI. The agency acknowledged receipt of the requests but after receiving no substantive response from the agency, Petersen filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Recovery of Costs - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Apr 15, 2022)
Judicial Watch submitted a FOIA request to the Department of State for records concerning cable/teletypes and emails sent via the SMART system that reference Hunter Biden. 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
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