FOIA Activity: 136 new FOIA court documents, plus case descriptions

We have added 136 documents from 19 FOIA cases filed between July 31, 2022 and August 6, 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. Numann v. Federal Bureau of Investigation (filed Aug 1, 2022)
   Gregory Numann submitted a FOIA request to the FBI for records concerning his criminal prosecution. After hearing nothing further from the agency, Numann filed suit.
   Issues: Failure to respond within statutory time limit
2. AMERICAN IMMIGRATION COUNCIL v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Aug 1, 2022)
   The American Immigration Council submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning The Torrance County Detention Center in Texas, including the Intergovernmental Service Agreement for operating the facility. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Aug 1, 2022)
   Judicial Watch submitted a FOIA request for records concerning the Crossfire Hurricane investigation provided to the White House by the Department of Justice. 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
4. AMERICAN OVERSIGHT v. U.S. ELECTION ASSISTANCE COMMISSION (filed Aug 2, 2022)
   American Oversight submitted four FOIA requests to the U.S. Election Assistance Commission for records concerning communications and calendar entries of Don Palmer, Christy McCormick, and Tyler Herman and a list of specified individuals, as well as other officials at the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. INTERNATIONAL REFUGEE ASSISTANCE PROJECT v. UNITED STATES DEPARTMENT OF STATE (filed Aug 2, 2022)
   The International Refugee Assistance Project submitted a FOIA request to the Department of State for records concerning the processing of Special Visa Applications for Afghan nationals. IRAP also requested expedited processing. The agency acknowledged receipt of the request and denied IRAP’s request for expedited processing. IRAP filed an administrative appeal and the agency granted its request for expedited processing. After hearing nothing further from the agency, IRAP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. LOUISE TRAUMA CENTER LLC v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 3, 2022)
   The Louise Trauma Center submitted two FOIA requests to the Department of Justice for records concerning money paid to Brian Fitzpatrick for the research and preparation of the Fitzpatrick Matrix. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Louise Trauma Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CASE NUMBER NOT USED (filed Aug 3, 2022)
8. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Aug 3, 2022)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the preparation of a memo by Secretary Mayorkas of the new immigration enforcement priorities. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Aug 4, 2022)
   Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning calendars for two commissioners for seven months. EAP also requested a fee waiver. The agency granted EAP’s request for a fee waiver but denied the request for the calendar entries, arguing that they were personal records and not agency records. EAP filed an administrative appeal of the denial. The agency granted the appeal and agreed to process EAP’s request. After hearing nothing further from the agency, EAP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF DEFENSE (filed Aug 4, 2022)
    The Center to Advance Security in America submitted a FOIA request to the Department of Defense for records concerning the requirement that service members be fully vaccinated against the COVD-19 virus. CASA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CASA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. LEGETTE et al v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Aug 4, 2022)
    Phileta Legette, a paralegal for the Federal Defender’s Office for the Middle District of Pennsylvania, submitted two FOIA requests to the Bureau of Prisons for records concerning Ronald Mikos, a prisoner represented by the Federal Defender’s Office, for Mikos’ BOP records. Legette also requested a fee waiver and expedited processing. BOP acknowledged receipt of the requests and partially granted the requests for a fee waiver and expedited processing. After hearing nothing further from the agency, Legette filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. BERNSTEIN v. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY et al (filed Aug 5, 2022)
    Daniel Bernstein, a professor of computer science at the University of Chicago, submitted a FOIA request to the National Institute of Standards and Technology for records concerning the NIST Post-Quantum Cryptography Standardization Project. The agency acknowledged receipt of the request and told Bernstein that the request was too vague to search. After hearing nothing further from the agency, Bernstein filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. JG LAW, PLLC v. UNITED STATES DEPARTMENT OF STATE et al (filed Aug 5, 2022)
    JC Law, PLLC submitted FOIA requests to the Department of State and U.S. Customs and Border Protection for records. Although both requests were submitted by FEDEX, neither agency acknowledged receipt of the requests. After hearing nothing further from either agency, LG Law filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. FUNCTIONAL GOVERNMENT INITIATIVE v. INTERNAL REVENUE SERVICE et al (filed Aug 5, 2022)
    Functional Government Initiative submitted a FOIA request to the IRS for records concerning the proposal to require financial institutions transactions of more than $600 to the IRS. The agency acknowledged receipt of the request and told FGI that it could find no records responsive to the request. FGI filed an administrative appeal to the IRS, which upheld its original decision. FGI also submitted a FOIA request to the Department of Treasury for records concerning the $600 transaction proposal. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. McCann v. United States Citizenship and Immigration Services (filed Aug 4, 2022)
    Lanie McCann submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the Notice of Intent to Rescind Permanent Resident Status he received from the agency. The agency acknowledged receipt of the request and withheld 384 pages in full or in part. McCann filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, McCann filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
16. Louise Trauma Center LLC v. US Citizenship and Immigration Services (filed Aug 2, 2022)
    The Louise Trauma Center submitted six FOIA requests to U.S. Citizenship and Immigration Services for records concerning training materials and policies as well as other issues involving the asylum office. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Louise Trauma Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Kappel Elite, LLC et al v. United States Department of Health and Human Services (filed Aug 1, 2022)
    Kappel Elite, LLC submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning Medicare payments in 2017 to Lisa Lindsey, who was involved in a breach of contract suit involving Kappel Elite. The agency acknowledged receipt of the request and told Kappel Elite that it was unable to release such records without further explanation. After hearing nothing further from the agency, Kappel Elite filed suit.
    Issues: Failure to respond within statutory time limit
18. International Refugee Assistance Project, Inc. v. U.S. Department of Defense (filed Aug 1, 2022)
    The International Refugee Assistant Project submitted a FOIA request to the Department of Defense for records concerning current policies, procedures related to Project Rabbit, which deals with visas for Afghan refugees. IRAP also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. The New York Times Company v. Federal Bureau of Investigation (filed Aug 3, 2022)
    The New York Times submitted a FOIA request to the FBI for records concerning an Inspector General Report pertaining to former FBI director Andrew McCabe and the Clinton Foundation. The agency acknowledged receipt of the request and told the New York Times that the report would be made available online. However, after hearing nothing further from the agency, the New York Times filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Failure to respond within statutory time limit