INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION and 11 other new FOIA lawsuits

We have added 68 documents from 12 FOIA cases filed between November 20, 2022 and November 26, 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. INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION (filed Nov 23, 2022)
   Informed Consent Action Network submitted a FOIA request to the FDA for records concerning autopsy reports concerning any VAERS-reported deaths following the COVID-19 vaccination. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). ICAN filed an administrative appeal. After hearing nothing further from the agency, ICAN filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. BOSTON UNIVERSITY SCHOOL OF LAW IMMIGRANTS RIGHTS AND HUMAN TRAFFICKING PROGRAM vs. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 21, 2022)
   Boston University School of Law Immigrants’ Rights and Human Trafficking Program and Just Futures Law submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s use of administrative subpoenas to obtain information from technology companies. BUSLIRHTP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency granted the plaintiffs a fee waiver but denied their request for expedited processing. However, after hearing nothing further from the agency, BUSLIRHTP filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees
3. US RIGHT TO KNOW v. US DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Nov 21, 2022)
   U.S. Right to Know submitted a FOIA request to the Department of Health and Human Services’ National Library of Medicine for records concerning the origins of COVID-19. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USTRK filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Immigrant Defense Project et al v. United States Customs and Border Protection et al (filed Nov 21, 2022)
   Immigrant Defense Project and the Center for Constitutional Rights submitted FOIA requests to U.S. Customs and Border Protection for records concerning Palladium and references to articles written by named New York Times reporters pertaining to Palladium. IDP and CCR also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests. The agency closed the requests because they did not provide identifying email addresses. IDP and CCR filed an administrative appeal of the denial. After hearing nothing further from the agency, IDP and CCR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Fees, Litigation – Attorney’s fees
5. US Right to Know v. United States Defense Advanced Research Projects Agency (filed Nov 22, 2022)
   U.S. Right to Know submitted two FOIA requests to U.S. Defense Advanced Research Projects Agency for records concerning funding of contracts and grant agreements pertaining to the funding of DARPA P3 Program. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USRTK filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. US RIGHT TO KNOW v. US DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Nov 22, 2022)
   U.S. Right to Know submitted a FOIA request to the National Library Medicine, a component of the Department of Health and Human Services for records concerning the origins of COVID-19. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USRTK filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Nov 22, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning ethics pertaining to Commissioner Allison Clements and Chairman Richard Glick. The agency acknowledged receipt of the request and told IER that there were likely responsive records. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Nov 22, 2022)
   Judicial Watch submitted a FOIA request to the Cybersecurity and Information Security Agency for records concerning communications between the agency and the Election Integrity Partnership. The agency failed to acknowledged receipt of the request. 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
9. Rickner PLLC v. Federal Bureau of Prisons (filed Nov 22, 2022)
   The law firm of Rickner PLLC submitted a FOIA request to the Bureau of Prisons for records concerning the death of Hakeem Campbell, who was violently assaulted while in custody at the U.S. Penitentiary in Atlanta, GA. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Rickner PLLC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. NEW CIVIL LIBERTIES ALLIANCE v. SECURITIES AND EXCHANGE COMMISSION (filed Nov 23, 2022)
    New Civil Liberties Alliance submitted a FOIA request to the Securities and Exchange Commission for records concerning a control deficiency which the agency had learned about not later than the Fall of 2021. NCLA also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, NCLA filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. PROTECT THE PUBLIC'S TRUST v. ADVISORY COUNCIL ON HISTORIC PRESERVATION (filed Nov 23, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Advisory Council on Historic Preservation for records concerning communications to or from ACHP officials pertaining to Sara Bronin. The agency failed to acknowledged receipt of the request. 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
12. JARKESY v. SECURITIES & EXCHANGE COMMISSION (filed Nov 23, 2022)
    George Jarkesy submitted a FOIA request to the Securities and Exchange Commission for records concerning a controlled deficiency that the SEC learned about in Fall 2021. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Jarkesy filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees