Skip to content

Hua Gong v. U.S. Department of Justice and 15 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt on July 9th, 2022

We have added 110 documents from 16 FOIA cases filed between May 15, 2022 and May 21, 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. Hua Gong v. U.S. Department of Justice (filed May 16, 2022)
    Hua Gong submitted a FOIA request to the Department of Justice for records concerning his removal proceeding. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gong filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
  2. Jose Luis Cruz Mora et al v. Executive Office for Immigration Review (filed May 19, 2022)
    Jose Luis Cruz Mora, Gloria Dixon, Lehmber Singh, Sukhwinder Singh, Mohammed Zavarehi Tabatabai, and Partap Singh submitted FOIA requests to the Executive Office for Immigration Review for records concerning their individual proceedings before EOIR. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Mora and the other requesters filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  3. INDIANA FEDERAL COMMUNITY DEFENDERS et al v. US DEPARTMENT OF JUSTICE et al (filed May 17, 2022)
    Indiana Federal Community Defenders submitted a FOIA request to the Bureau of Prisons for records concerning their client Charles Hall’s BOP records. IFCD also requested expedited processing. BOP acknowledged the request and granted IFCD’s request for expedited processing. After hearing nothing further from the agency, IFCD filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  4. SPARACINO PLLC v. DEFENSE INTELLIGENCE AGENCY (filed May 17, 2022)
    The law firm of Sparacino, PLLC, representing military servicemembers killed or wounded in Iraq as the result of Iranian support for terrorism, submitted a FOIA request to the Defense Intelligence Agency for records concerning significant incident reports. 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, Litigation – Attorney’s fees
  5. WRIGHT v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed May 18, 2022)
    Chris Wright, a blogger, submitted a FOIA request to the Department of Health and Human Services for records concerning adverse reactions to the covid vaccines. The agency acknowledged receipt of the request and referred the request to the Centers for Disease Control, which indicated the request fell within the unusual circumstances category. Wright then asked the CDC for expedited processing and the agency provided some records. However, Wright argued that his request was meant to be sent to all HHS components not just CDC. After hearing nothing further from the agency, Wright filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
  6. DOCUMENTED v. U.S. OFFICE OF MANAGEMENT AND BUDGET (filed May 19, 2022)
    Documented submitted a FOIA request to OMB for records concerning communications to or from Jessica Anderson, the former associate director for intergovernmental affairs and strategic initiatives at OMB from February 2017 to June 2018. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Documented filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  7. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF EDUCATION (filed May 19, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Education for records concerning communications between senior officials and a number of organizations advocating for education. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  8. VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed May 19, 2022)
    Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning when the requirement of a nine-month non-rodent toxicity study was waived by the FDA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceutical filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  9. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF DEFENSE (filed May 20, 2022)
    The Project on Government Oversight submitted two FOIA requests to the Department of Defense for records concerning the F-35’s vulnerability to cyber-intrusion. POGO asked for a fee waiver and expedited processing. The agency acknowledged receipt of the request and denied POGO’s request for expedited processing and held POGO’s request for a fee waiver in abeyance. After hearing nothing further from the agency, POGO filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
  10. BRICKLIN v. CENTRAL INTELLIGENCE AGENCY (filed May 20, 2022)
    Julia Bricklin submitted a FOIA request to the CIA for records concerning Hannah Dorner Weinstein, a television and film producer who was investigated by the CIA within the 1950-1965 time period. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bricklin filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  11. AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed May 20, 2022)
    America First Legal Foundation submitted a FOIA request to the Department of Justice for records concerning the sentencing memo in the case United States v. Montez Terriel Lee. The agency acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records. AFL filed an administrative appeal but after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  12. Bryant v. Adult Protective Services – Catholic Charities, et al (filed May 19, 2022)
    Earnest Bryant filed suit against Adult Protective Services concerning an incident involving the care of his mother. This is not a FOIA case.
    Issues: FOIA not mentioned
  13. Schaaf et al v. United States Bureau of Land Management et al (filed May 18, 2022)
    Ronald Schaaf and other landowners submitted FOIA requests to the Bureau of Land Management, the FBI, and U.S. Customs and Border Protection for records concerning surveillance and security activities carried out against participants in the Jordan Cove Energy Project. The agencies acknowledged receipt of the requests. The agencies disclosed some records, withholding others. Finding that the agencies’ responses were insufficient, Schaaf and the other requesters filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  14. Informed Consent Action Network v. Centers for Disease Control and Prevention et al (filed May 17, 2022)
    The Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning data submitted to v-safe since January 2020. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
  15. Empower Oversight Whistleblowers & Research v. Department of Veterans Affairs (filed May 16, 2022)
    Empower Oversight Whistleblowers & Research submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency’s response to letters from Sen. Charles Grassley to the agency related to allegations of misconduct by officials at the Veterans Benefits Administration. The agency acknowledged receipt of the request. The agency responded by disclosing records but withholding others. EOWR filed an administrative appeal. After hearing nothing further from the agency, EOWR filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  16. MURTAGH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 17, 2022)
    James Murtaugh submitted a FOIA request to the Indian Health Service for records concerning his employment by the agency. The agency acknowledged receipt of the request. The agency disclosed records with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Murtaugh filed an administrative appeal but after hearing nothing further from the agency, Murtaugh filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

From → FOIA, PACER

No comments yet

Leave a Reply

Note: XHTML is allowed. Your email address will never be published.

Subscribe to this comment feed via RSS

Skip to toolbar