CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. AIR FORCE et al and 12 other new FOIA lawsuits, plus case descriptions

We have added 110 documents from 13 FOIA cases filed between September 25, 2022 and October 1, 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. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. AIR FORCE et al (filed Sep 30, 2022)
   The Center to Advance Security in America submitted FOIA requests to the Air Force, the Army and the Department of Defense for records concerning the development of a Climate Action report. CASA also asked for a fee waiver. The agencies acknowledged receipt of the requests. The Army told CASA that its request was too broad. After hearing nothing further from any of the agencies, CASA filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Jonathan Corbett v. U.S. Transportation Security Administration (filed Sep 25, 2022)
   Jonathan Corbett, an attorney, submitted three FOIA requests to the Transportation Security Administration for records. His first request asked for records concerning the cost of a TSA software development project. The second request asked for records concerning a security breach by TSA employees several days prior to his request. The third request asked for records concerning another security breach by TSA employees. The agency acknowledged receipt of all three requests. After hearing nothing further from the agency, Corbett filed suit.
   Issues: Failure to respond within statutory time limit
3. AMERICAN CIVIL LIBERTIES UNION v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 28, 2022)
   The ACLU submitted a FOIA request to the Department of Homeland Security for records concerning access-to-counsel policies in immigration detention facilities and deficiencies in the facilities’ compliance with those policies. The agency also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed Sep 29, 2022)
   Judicial Watch submitted FOIA requests to the Department of Defense and the Department of Justice for records concerning the housing provided for U.S. Capitol Police Lt. Michael Byrd at Joint Air Base Andrews after the riot at the Capitol Building on Jan. 6, 2021. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Sep 29, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the most recent signed contracts for each BLM Off-Range Corral and Off-Range Pasture. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF DEFENSE (filed Sep 30, 2022)
   The Center to Advance Security in America submitted a FOIA request to the Department of Defense for records concerning communications related to the SIGAR report on Afghanistan. CASA also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CASA that it would defer action of the fee waive until the request was processed. After hearing nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ZIMMER BIOMET HOLDINGS, INC. v. INTERNAL REVENUE SERVICE (filed Sep 30, 2022)
   Zimmer Biomet Holdings, Inc. submitted three FOIA requests to the IRS for records. Its first request concerned the final appeals case memorandum prepared in connection with 3008-2009 taxable years. The agency located 63 pages, and 35 pages in full and redacted parts of 28 pages under Exemption 5 (privileges). Zimmer filed an administrative appeal which was denied. Zimmer’s second FOIA request asked for the Examination Division’s Administrative File relating to the audit of Zimmer for 2010-2012. The agency asked for $4,756 in fees, which Zimmer paid, but it heard nothing further about the request’s status. The third FOIA request asked for the administrative examination file for 2013-2015. For this request, the IRS charged Zimmer $6,068 in fees, which Zimmer paid. After hearing nothing further from the agency, Zimmer filed suit.
   Issues: Failure to respond within statutory time limit
8. Clayton v. Fowlerville School District et al (filed Sep 30, 2022)
   Justin Clayton filed suit against the Fowlerville School District. This is not a FOIA case.
   Issues: FOIA not mentioned
9. Haitian Bridge Alliance et al v. U.S. Department of Homeland Security et al (filed Sep 30, 2022)
   The Haitian Bridge Alliance, African Communities Together andUndocublack Network submitted FOIOA requests to the Department of Homeland Security and the Federal Bureau of Prisons for records concerning the treatment of 15,000 migrants at Del Rio, Texas. The organizations also asked for a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Haitian Bridge Alliance filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Fees, Litigation – Attorney’s fees
10. Harp v. United States Space Force et al (filed Sep 26, 2022)
    Seth Harp, an investigative journalist, submitted a FOIA request to U.S. Space Force for records. After hearing nothing further from the agency, Harp filed suit.
    Issues: Failure to respond within statutory time limit
11. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF LABOR (filed Sep 26, 2022)
    Citizens United submitted a FOIA request to the Department of Labor for records concerning communications from the Department of Labor White House Liaison and the White House pertaining to the Hatch Act and or the Executive Order on Promoting Access to Voting. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
    Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Sep 26, 2022)
    Citizens United submitted a FOIA request to the Department of Housing and Urban Development for records concerning communications between the agency’s White House Liaison and the White House pertaining to the Hatch Act and the Executive Order on Promoting Access to Voting. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. Marquardt v. Financial Industry Regulatory Authority et al (filed Sep 28, 2022)
    Shannon Marquardt filed an arbitration complaint against the Financial Industry Regulatory Authority. She then asked for records concerning the arbitration case and when the agency did not disclose them, she filed suit. This is not a FOIA case.
    Issues: FOIA not mentioned