Innovation Law Lab v. U.S. Immigration and Customs Enforcement and 11 other new FOIA lawsuits

We have added 107 documents from 12 FOIA cases filed between June 12, 2022 and June 18, 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. Innovation Law Lab v. U.S. Immigration and Customs Enforcement (filed Jun 13, 2022)
   Innovation Law Lab submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the DHS Inspector General Detention of the Torrance County Inspection Facility. Innovation Law Lab also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but did not make a decision on expedited processing or a fee waiver. After hearing nothing further from the agency, Innovation Law Lab filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit, Adequacy – Search
2. STUDENT FREE PRESS ASSOCIATION et al v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jun 14, 2022)
   The Student Free Press Association submitted a FOIA request to the Department of Education for records concerning emails sent to the Free Speech Hotline, which student journalists could call to report First Amendment violations, since it began operation in December 2020. The agency acknowledged receipt of the request. The agency indicated several times that it was processing the request but after hearing nothing further from the agency, SFPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF HOMELAND SECURITY (filed Jun 15, 2022)
   The ACLU submitted a FOIA request to the Department of Homeland Security for records concerning how the agency assesses targeted violence, risk management tools, and definitions of key terms used to formulate domestic terrorism frameworks. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the ACLU’s request for expedited processing and conditionally granted its request for a fee waiver. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
4. NATIONAL POLICE ASSOCIATION, INC. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 15, 2022)
   The National Police Association submitted a FOIA request to U.S. Customs and Border Protection for records concerning investigative work done by the Office of the Inspector General for CPB pertaining to an incident in which a CPB agent alleged whipped migrants. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the National Police Association filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Jun 16, 2022)
   The American Accountability Foundation submitted FOIA requests to the Department of Justice for records concerning the implementation of E.O. 14019, which requires agencies to take steps to improve voter registration. AAF also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency granted AAF’s requests for expedited processing and a fee waiver. After hearing nothing further from the agency, AAF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Jun 16, 2022)
   The American Accountability Foundation submitted FOIA requests to the Department of Justice for records concerning calendar entries of various DOJ officials pertaining to their participation in implementing E.O. 14018, which required agencies to take steps to improved voter registration. The agency acknowledged receipt of the requests and asked for clarification as to some requests. However, after hearing nothing further from the agency, AAF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Jun 16, 2022)
   The American Accountability Foundation submitted FOIA requests to the Department of Justice for records concerning communications between 30 DOJ employees and outside third parties. AAF submitted separate request for each employee. AAF also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AAF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. CHEESEMAN v. DEPARTMENT OF DEFENSE et al (filed Jun 17, 2022)
   Bryan Cheeseman submitted a FOIA request to the Defense Intelligence Agency for records concerning records about himself. Cheeseman also requested expedited processing. The agency acknowledged request of the request and asked Cheeseman to clarify his request. The agency requested his request for expedited processing. After hearing nothing further from the agency, Cheeseman filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. CATO INSTITUTE v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jun 17, 2022)
   The Cato Institute submitted a FOIA request to the National Archives and Records Administration’s Reagan Presidential Library for records concerning the use of surveillance under the Foreign Intelligence Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF ENERGY (filed Jun 17, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Energy for records concerning DOE employees who attended the 2021 United Nations Climate Change Conference in Glasgow, UK. PPT also requested a fee waiver. 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 – Vaughn index, Litigation – Attorney’s fees
11. Blanchard v. Executive Office for United States Attorneys (filed Jun 13, 2022)
    Joshua Blanchard submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the recusal of several Assistant U.S. Attorneys from cases in the Western District of Michigan. The agency acknowledged receipt of the request but after nearing nothing further from the agency, Blanchard filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Jun 14, 2022)
    The Functional Government Initiative submitted a FOIA request to the National Institutes of Health for records concerning the distribution of mAb in response to the outbreak of the coronavirus pandemic to others in government and employees of Amerisource Corp. The agency acknowledged receipt of the request and indicated it might need to contact FFGI for clarification. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees