HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE and 20 other new FOIA lawsuits, plus case descriptions

We have added 306 documents from 20 FOIA cases filed between March 5, 2023 and March 11, 2023. 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. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 7, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning whistleblower allegations that DOJ improperly worked with Facebook to access politically conservative Americans’ data. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request and told the Heritage Foundation that its request was overly broad. The Heritage Foundation filed an administrative appeal of that decision. After hearing nothing further from the agency, the Heritage Foundations filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Lavelle v. U.S. Department of Health and Human Services (filed Mar 8, 2023)
   Kristin Lavelle, a plaintiff in a case involving Food & Water Watch, submitted FOIA requests to the Department of Health and Human Services for records. The agency acknowledged receipt of the requests and provided some records but redacted others. Lavelle filed administrative appeals but after hearing nothing further from the agency, she filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 6, 2023)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning records related to the Biden family’s dog. 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. HALLETT v. UNITED STATES DEPARTMENT OF THE ARMY (filed Mar 7, 2023)
   Joanna Hallett submitted a FOIA request to the Department of the Army for records concerning her domestic abuse complaint filed against her ex-husband. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hallett filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index
5. BLANKENSHIP v. U.S. DEPARTMENT OF LABOR (filed Mar 7, 2023)
   Donald Blankenship, the former chairman of Massey Energy, submitted a FOIA request to the Mine Health and Safety Administration for records concerning interviews conducted by MHSA’s Inspector General with former MSHA employee Jack Kuzar, both during and after Kuzar’s employment with MSHA. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Blankenship filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. AMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF DEFENSE et al (filed Mar 8, 2023)
   The ACLU submitted FOIA requests to the Department of Defense, the Department of Justice, the CIA, and the Department of State for records concerning rules governing the use of lethal force and capture operations abroad. The ACLU asked for expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. ASSI v. U.S. CUSTOMS AND BORDER PROTECTION (filed Mar 10, 2023)
   Mustapha Assi submitted a FOIA request to U.S. Customs and Border Protection for records related to him. Assi had previously been turned down by the TSA Global Entry Program. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Assi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 10, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning certain factual findings in Texas v. United States. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. Outside Legal Counsel PLC v. Transportation Security Administration (filed Mar 8, 2023)
   Outside Legal Counsel submitted a FOIA request to the Transportation Security Administration for records concerning seizures of firearms at MBS International Airport. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Outside Legal Counsel filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Miller v. Department of Justice et al (filed Mar 10, 2023)
    Travis Miller submitted FOIA requests to the Department of Justice and the Department of State for records. The Justice Department request asked for records concerning the investigation of Bruce Ohr. The State Department request asked for records of grant and federal assistance awards and cooperative agreements issued by the Global Engagement Center from 2017 through 2021. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Miller filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. Holm et al v. Federal Bureau of Investigation et al (filed Mar 6, 2023)
    Brian and Kristin Holm submitted a FOIA request to the FBI for records concerning a specified FBI investigation. The agency acknowledged receipt of the request and told the Holms that it had located 746 responsive pages that it was processing. The agency told the Holms that it would take 67 months to process their request. The Holms then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 6, 2023)
    Judicial Watch submitted a FOIA request to the FBI for records concerning a recently deceased individual named Mark Edward Middleton. 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
13. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE (filed Mar 6, 2023)
    The American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning the creation of a new position entitled Special Representative for Palestinian Affairs within the Bureau of Near Eastern Affairs. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law et al v. U.S. Immigration and Customs Enforcement et al (filed Mar 6, 2023)
    The Kathryn Greenberg Immigration Justice Clinic submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the immigration bond system. The clinic requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, the Greenberg Immigration Justice Clinic filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. Bollinger v. U.S. Department of Labor (filed Mar 7, 2023)
    Robert Bollinger submitted a FOIA request to the Department of Labor for records concerning an accident in which he was severely injured while working at the Dicaperl Mine in Socorro, New Mexico. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Bollinger filed an administrative appeal of the denial. The agency upheld its original denial and Bollinger filed suit.
    Issues: Litigation – Attorney’s fees
16. Solar v. United States Immigration and Customs Enforcement (filed Mar 8, 2023)
    Anayeli Pimental Solar submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her husband and any detentions of him by ICE. The agency acknowledged receipt of the request. Solar’s counsel late asked for expedited processing. After hearing nothing further from the agency, Solar filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Attorney’s fees
17. ULIS v. FEDERAL BUREAU OF INVESTIGATION et al (filed Mar 8, 2023)
    Eric Ulis, an expert on D.B. Cooper, who alleged hijacked a plane and received a ransom, asked the FBI for access to a tie that Cooper alleged wore and to allow him to conduct a DNA analysis of the tie. The agency denied the request, contending it did not fall within the parameters of the FOIA. Ulis then filed suit.
    Issues: Agency Record, Litigation – Attorney’s fees
18. Reclaim the Records et al v. United States Citizenship and Immigration Services (filed Mar 8, 2023)
    Reclaim the Records submitted 89 FOIA requests to U.S. Citizenship and Immigration Services for a variety of records. The agency acknowledged receipt of the requests but responded to none of the requests. Reclaim the records then filed suit alleging a pattern and practice of failing to respond on time.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
19. Della Rocca v. United States Department of Justice (filed Mar 9, 2023)
    Brian Della Rocca, an attorney who represented two whistleblowers, submitted a FOIA request to the FBI for records concerning their allegations. Della Rocca also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Della Rocca’s requests for expedited processing and a fee waiver. The FBI told Della Rocca that his request would take 79 months to process. Della Rocca then filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
20. Esposito v. Internal Revenue Service (filed Mar 10, 2023)
    Darlene Esposito submitted a FOIA request to the IRS for records concerning her taxes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Esposito filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 4 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• JOSAR v. U.S. DEPARTMENT OF STATE (filed Feb 23, 2023)
  David Josar submitted a FOIA request to the Department of State for records concerning him, his wife, and his minor daughter. The agency acknowledged receipt of the request and divided the request into two separate requests. After hearing nothing further from the agency, Josar filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees