University of Washington et al v. United States Department of Homeland Security et al and 21 other new FOIA lawsuits

We have added 194 documents from 22 FOIA cases filed between September 18, 2022 and September 24, 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. University of Washington et al v. United States Department of Homeland Security et al (filed Sep 20, 2022)
   The University of Washington’s Center for Human Rights submitted FOIA requests to the Department of Homeland Security for records concerning the human rights impact of federal immigration enforcement in the State of Washington. The agency acknowledged receipt of the requests, disclosed some records but withheld others either in full or in part. The Center filed administrative appeals, which were denied. The Center ultimately filed suit.
   Issues: Litigation – Attorney’s fees
2. Gage v. Equal Employment Opportunity Commission (filed Sep 22, 2022)
   Mally Gage submitted a FOIA request to the Equal Employment Opportunity Commission for records concerning her complaint filed with the EEOC. The agency acknowledged receipt of the request but denied Gage’s request in its entirety. Gage filed an administrative appeal of the denial. After hearing nothing further from the agency, Gage filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. Barrack v. United States Department of State (filed Sep 20, 2022)
   Thomas Barrack submitted a FOIA request to the Department of State for records concerning himself. He asked for expedited processing. He also submitted two other FOIA requests asking for communications between certain named individuals concerning Barrack. The agency acknowledged those requests. The agency denied Barrack’s request for expedited processing. After hearing nothing further from the agency, Barrack filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
4. Barrack v. United States Department of Justice (filed Sep 20, 2022)
   Thomas Barrack submitted four FOIA requests to the Department of Justice for records concerning the charges against him for failing to register as a foreign agent. Barrack requested expedited processing. The agency acknowledged receipt of the requests. The agency denied his request for expedited processing. After hearing nothing further from the agency, Barrack filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
5. Barrack v. United States Department of Treasury (filed Sep 20, 2022)
   Thomas Barrack submitted FOIA requests to the Department of Treasury for records concerning himself held by FinCen. Barrack also requested expedited processing. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency, Barrack filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Sep 19, 2022)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning the discovery of a gun belonging to Hunter Biden in a dumpster in Delaware in October 2018. The agency acknowledged receipt of the request and told Judicial Watch that it had conducted a search and located responsive records. 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
7. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF LABOR (filed Sep 19, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Labor for records concerning communications between political appointees at the agency and a list of organizations and universities. 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
8. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Sep 20, 2022)
   America First Legal Foundation submitted a FOIA request to the Department of Justice for records concerning the political pressures applied by the Biden administration to confirm judges. AFL also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Attorney’s fees
9. AYERS v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Sep 20, 2022)
   Holly Ayers, an investigator for the Federal Public Defender’s Office for the Northern District of Florida, submitted FOIA requests to the FBI for records concerning the murder conviction of Gary Hilton, who was being represented on appeal by the Public Defender’s Office. The agency acknowledged receipt of the requests and disclosed some records and withheld others. Ayers filed an administrative appeal of those withholdings but after hearing nothing further from the agency, Ayers filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. JUUL LABS, INC. v. FOOD & DRUG ADMINISTRATION (filed Sep 20, 2022)
    Juul Labs, Inc. submitted a FOIA request to the FDA for records concerning the agency’s decision to issue a marketing denial order. The agency acknowledged receipt of the request. The agency withheld records under Exemption 5 (privileges). Juul filed an administrative appeal but after hearing nothing further from the agency, Juul filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. HERITAGE FOUNDATION et al v. DEPARTMENT OF EDUCATION (filed Sep 21, 2022)
    The Heritage Foundation submitted a FOIA request to the Department of Education for records concerning emails sent to or from law.harvard.edu regarding Governing for Impact documents or memorandums. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request and granted the Heritage Foundation’s request for a fee waiver. However, 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
12. SHORELIGHT, LLC v. UNITED STATES DEPARTMENT OF STATE (filed Sep 21, 2022)
    Shorelight, LLC, a company that works with universities to attract international students, submitted a FOIA request to the Department of State for records concerning F-1 student visa non-immigrant refusal statistics by post and nationality for Fiscal Years 2021- 2022. Shorelight also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Shorelight’s request for expedited processing. Shorelight filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, Shorelight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. CHISHOLM v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Sep 22, 2022)
    Bryanna Chisholm, a paralegal for the Federal Public Defender’s Office for the Middle District of Pennsylvania, submitted a FOIA request to the FBI for records concerning the murder conviction of Charles Ray Hicks, who was being represented by the Public Defender’s Office on appeal. Chisholm also requested expedited processing. The agency told Chisholm it had located 8,420 pages of potentially responsive records. The agency disclosed records in interim responses, withholding many records. Chisholm filed administrative appeals for each interim response. Chisholm ultimately filed suit.
    Issues: Fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 22, 2022)
    Judicial Watch submitted a FOIA request to the FBI for records concerning discussions of the search warrant for Mar-a-Lago. Judicial Watch also requested expedited processing. The agency acknowledged receipt of the request. The FBI granted expedited processing. Judicial Watch submitted a second FOIA request to the FBI for records concerning discussions with the Secret Service concerning the search warrant. The agency acknowledged receipt of that 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
15. JUDICIAL WATCH, INC. v. U.S.DEPARTMENT OF JUSTICE (filed Sep 22, 2022)
    Judicial Watch submitted a FOIA request to the Department of Justice for records concerning the authorization or approval of the search warrant for Mar-a-Lago. The agency acknowledged receipt of the request. Judicial Watch then sent two more FOIA requests to the Office of Information Policy for records concerning calendar entries or schedules for Attorney General Merrick Garland and other senior officials that mentioned the search warrant. The agency acknowledged receipt f those requests 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
16. UNITED FOR FBI INTEGRITY v. U.S. DEPARTMENT OF JUSTICE (filed Sep 22, 2022)
    United for FBI Integrity submitted three FOIA requests to the Department of Justice for records regarding former FBI Associate Deputy Director Jeffrey Sallet pertaining to allegations of sexual misconduct while he was at the FBI. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, United for FBI Integrity filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. STAND TOGETHER AGAINST RACISM AND RADICALISM IN THE SERVICES, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Sep 23, 2022)
    Stand Together Against Racism and Radicalism in the Services submitted two FOIA requests to the Department of Defense for records concerning allegations of systemic racism and discrimination by the U.S. Air Force Academy. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency, STARRS filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
18. Manzanilla Vivas v. Mendoza Jaddou et al (filed Sep 22, 2022)
    Jose Gregorio Manzanilla Vivas submitted a FOIA request to the Department of Homeland Security for records concerning his complete immigration record. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vivas filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. American Civil Liberties Union of Massachusetts, Inc. v. Central Intelligence Agency et al (filed Sep 19, 2022)
    The ACLU of Massachusetts submitted FOIA requests to the CIA, the Office of the Director of National Intelligence, and the National Security Agency for records concerning former President Donald Trump’s alleged order automatically declassifying records that he took to Mar-a-Lago. The ACLU of Massachusetts also requested a fee waiver. The agencies acknowledged receipt and one agency indicated that it could find no records. After hearing nothing further from the agencies, the ACLU of Massachusetts filed suit.
    Issues: Failure to respond within statutory time limit, Fees
20. Miller v. Department of Justice et al (filed Sep 21, 2022)
    Travis Miller submitted FOIA requests to the Department of Justice and the Department of Defense for records concerning Maggie Goodlander. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Miller filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
21. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Sep 19, 2022)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning travel costs and calendar entries for John Kerry in his role as special advisor on climate change. 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
22. ALFORD v. MCDOUNGH (filed Sep 20, 2022)
    Leroy Alford submitted FOIA requests to the Department of Veterans Affairs for records concerning the appeal of his disability claim. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Alford filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees