JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY and 15 other new FOIA lawsuits, plus case descriptions

We have added 86 documents from 16 FOIA cases filed between October 16, 2022 and October 22, 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 17, 2022)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning communications by the FBI to the Secret Service pertaining to the search of Mar-a-Lago. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 17, 2022)
   Judicial Watch submitted a FOIA request to National Institute of Health for records concerning the safety of vaccines to prevent COVID-19 or SARS-2. 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
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 17, 2022)
   Judicial Watch submitted a FOIA request to the National Institute of Health for records concerning the safety of vaccines to prevent COVID-19 and SARS-2. The agency acknowledged receipt of the request. Judicial Watch agreed to narrow the scope 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. CONSTITUTIONAL LAW CENTER FOR MUSLIMS IN AMERICA v. TERRORIST SCREENING CENTER (filed Oct 18, 2022)
   The Constitutional Law Center for Muslims in America submitted a FOIA request to the Terrorist Screening Center for records concerning its policies, practices, and role in the terrorist watchlist system. The agency acknowledged receiving CLCMA’s certified letter, but after hearing nothing further from the agency, CLCMA filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
5. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 18, 2022)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning allegations that Customs and Border Protection agents whipped migrants that were to enter the U.S. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted the Heritage Foundation’s request for expedited processing. 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, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 19, 2022)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the whipping incident involving border patrol agents near the Rio Grande River. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation’s request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Oct 19, 2022)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning allegations of a whipping incident by border patrol agents. The Heritage Foundation also requested a fee waiver and expedited processing. The agency granted the Heritage Foundation’s request for expedited processing. 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, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 704 v. ENVIRONMENTAL PROTECTION AGENCY (filed Oct 20, 2022)
   The American Federation of Government Employees, Local 704 submitted two FOIA requests to the EPA for records concerning the agency’s telework policies. The agency acknowledged receipt of the requests, the agency discussed the scope of the second request with AFGE and released some records. However, after failing to respond to either request, AFGE filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 22, 2022)
   American Wild Horse Campaign submitted four FOIA requests to the Bureau of Land Management for records concerning communications of four named employees and their interactions pertaining to policies of the agency’s Wild Horse & Burro program. The agency acknowledged receipt of the requests 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
10. Warren v. United States of America (filed Oct 19, 2022)
    Joseph Warren submitted a FOIA request to the IRS for records concerning examination communications with the IRS for tax years 2006 to 2012. The agency acknowledged receipt of the request and asked for additional time in which to respond. After hearing nothing further from the agency, Warren filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CASA v. Wheeler et al (filed Oct 20, 2022)
    CASA, an organization advocating for the Pennsylvania immigrant and Latino community. filed a suit against York County, PA for violating the Voting Rights Act. This is not a FOIA case.
    Issues: FOIA not mentioned
12. AUGMON v. COMMONWEALTH OF PENNSYLVANIA (filed Oct 17, 2022)
    Charles Augmon filed a suit against the Commonwealth of Pennsylvania, which was dismissed. This is not a FOIA case.
    Issues: FOIA not mentioned
13. Rinaldi v. Central Intelligence Agency (filed Oct 17, 2022)
    Catherine Rinaldi submitted a FOIA request to the CIA for records concerning herself. The agency acknowledged receipt of the request. The agency conducted a search but did not find any records. Rinaldi eventually filed suit.
    Issues: Failure to respond within statutory time limit
14. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Oct 17, 2022)
    Public Employees for Environmental Responsibility submitted two FOIA requests to the Bureau of Land Management for records concerning seed collection contracts and verification processes for seed quality. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Military Religious Freedom Foundation v. Department of Veterans Affairs (filed Oct 18, 2022)
    The Military Religious Freedom Foundation submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency’s contract with Choice Books to maintain retail book displays and/or sell its books at VA facilities. The agency acknowledged receipt of the request. After hearing nothing further from the agency, MRFF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Duckett v. United States of America (filed Oct 19, 2022)
    Charles Eugene Duckett filed a motion to unseal and disclose plea and sentencing transcripts. This is not a FOIA case.
    Issues: FOIA not mentioned