The Foundation for Government Accountability v. U.S. Department of Justice and 6 other new FOIA lawsuits

We have added 37 documents from 7 FOIA cases filed between April 17, 2022 and April 23, 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. The Foundation for Government Accountability v. U.S. Department of Justice (filed Apr 20, 2022)
   The Foundation for Government Accountability submitted FOIA requests to the Department of Justice for records concerning the agency’s plans to implement a new E.O. on promoting voting rights. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. NAFKHA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Apr 21, 2022)
   Mounir Nafkha submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records concerning videos of his assault by Officer Roque in the Krome North recreation yard. Nafkha also requested expedited processing. The agency acknowledged receipt of the requests and granted Nafkha’s request for expedited processing. After hearing nothing further from the agency, Nafkha filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Attorney’s fees
3. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Apr 21, 2022)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the National Archives and Records Administration for records concerning communications between NARA and federal agencies regarding the frequency with which federal agencies request and engage in destruction of records. 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
4. Hooker v. Department of Veterans Affairs (filed Apr 22, 2022)
   Carlton Hooker submitted a FOIA request to the Department of Veterans Affairs for records concerning a police investigation report pertaining to an incident in which he was unlawfully detained by VA police. The agency acknowledged receipt of the request. The agency located responsive records but refused to disclose them. Hooker filed an administrative appeal, but after hearing nothing further from the agency, Hooker filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
5. The Associated Press et al v. United States Central Command (filed Apr 21, 2022)
   The Associated Press submitted a FOIA request to U.S. Central Command for records concerning body cam and overhead video of the February 3, 2022 USCENTCOM raid in which Abu Ibrahim al-Hashimi al Quarayshi was killed. The agency acknowledged receipt of the request and told the AP that its request was number 3,440 in the agency’s backlog. After hearing nothing further from the agency, the AP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. Bermudez v. U S Dept of Justice Executive Office for Immigration Review (filed Apr 19, 2022)
   Emanuel Luzardo Bermudez submitted a FOIA request to the Department of Justice’s Executive Office for Immigration Review for records concerning his immigration removal proceeding case file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Luzardo Bermudez filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Dicus v. Kijakazi (filed Apr 20, 2022)
   Kathryn Dicus submitted a FOIA request to the Social Security Administration for names, job titles, and direct phone numbers of employees of the Arizona SSA field offices. The agency acknowledged receipt of the request. The agency only released identifying information on district manager level employees. Dicus then filed suit.
   Issues: Litigation – Recovery of Costs