Seamone v. Hargitay and 23 other new FOIA lawsuits, plus case descriptions

We have added 179 documents from 23 FOIA cases filed between April 9, 2023 and April 15, 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. Seamone v. Hargitay (filed Apr 10, 2023)
   David Seamone filed suit against Mariska Hargitay. This is not a FOIA case.
   Issues: FOIA not mentioned
2. American Civil Liberties Union v. United States Immigration and Customs Enforcement et al (filed Apr 13, 2023)
   The ACLU submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the type of COVID-19 antiviral drugs and number of treatment courses provided to people held in immigration detention facilities. The ACLU 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
3. BADER FAMILY FOUNDATION v. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (filed Apr 10, 2023)
   The Bader Family Foundation submitted a FOIA request to U.S. Equal Employment Opportunity Commission for records concerning complaints filed against white employees because they are white. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ADVANCE PUBLICATIONS, INC. et al v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS et al (filed Apr 11, 2023)
   Advanced Publications and a coalition of media groups submitted FOIA requests to the Executive Office for U.S. Attorneys and the FBI for records concerning closed-circuit video recorded on January 6, 2021, at the U.S. Capitol. Advanced Publications also requested expedited processing. The agencies acknowledged receipt of the requests. EOUSA granted the media coalition expedited processing. The FBI told the media coalition that it did not have any responsive records. The media coalition filed an administrative appeal challenging the FBI’s no records response. After hearing nothing further from either agency, the media coalition filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CHILDREN'S HEALTH DEFENSE v. NATIONAL INSTITUTES OF HEALTH (filed Apr 12, 2023)
   Children’s Health Defense submitted a FOIA request to the National Institute of Health for records concerning communications between ten NIH researchers and the individuals who contacted NIH seeking connection with health problems after COVID-19 vaccination. CHD also requested expedited processing. NIH acknowledged receipt of the request. NIH asked CHD for clarification. However, after hearing nothing further from the agency, CHD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Apr 13, 2023)
   Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning emails of three named FERC officials over a six-month period. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FOREST SERVICE (filed Apr 13, 2023)
   Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Forest Service for records concerning drafts or versions of the Climate Adaptation Plan disseminated to persons or offices outside of the Office of Sustainability and Climate. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. FEDERAL AVIATION ADMINISTRATION (filed Apr 13, 2023)
   Judicial Watch submitted a FOIA request to the Federal Aviation Administration for records concerning changes made in October 2022 to the FAA Guide for Aviation Medical Examiners. Judicial Watch also requested expedited processing. The agency acknowledged receipt of the request and denied Judicial Watch’s request for expedited processing. 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. ROOTHS v. U.S. DEPARTMENT OF INTERIOR et al (filed Apr 13, 2023)
   Larry Rooths submitted a FOIA request to the National Park Service for records concerning an incident at which was arrested by the Park Police on Jan. 9, 2021. The agency acknowledged receipt of the request. After the agency failed to respond, Rooths filed an administrative appeal. After hearing nothing further from the agency, Rooths filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF AGRICULTURE (filed Apr 13, 2023)
    Center for Public Integrity submitted two FOIA requests to the Department of Agriculture for records concerning a database of Farm Service Agency various items. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, the Center for Public Integrity filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. WERNICK v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Apr 13, 2023)
    Ephraim Wernick, the attorney for MoneyGram International, submitted a FOIA request to the Consumer Financial Protection Bureau on behalf of MoneyGram seeking communications between the agency that occurred on or after January 2018 pertaining to MoneyGram and involving various public interest groups. The agency acknowledged receipt of the request and ultimately responded by telling Wernick that it would withhold the responsive records. Wernick then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF DEFENSE (filed Apr 13, 2023)
    Heritage Foundation submitted a FOIA request to the Department of Defense for records concerning diners at the White House mess. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency told the Heritage Foundation that its request was too broad to conduct a search. The Heritage Foundation filed an administrative appeal but after hearing nothing further from the agency, Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Apr 14, 2023)
    America First Legal Foundation submitted three FOIA requests to the Department of Justice for records. Its first request asked for records concerning the backgrounds of individuals hired by DOJ. The second request asked for records of the calendar of Lucas Guttentag over a period of time. The third request asked for records of the calendar of Margaret O’Herron over a period of time. The agency acknowledged the receipt of all three requests but after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
14. SIDY v. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (filed Apr 14, 2023)
    Mamadou Sidy sued the Cybersecurity Infrastructure Security Agency for why he was not paid for his work. This is not a FOIA case.
    Issues: FOIA not mentioned
15. STATE OF FLORIDA v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 12, 2023)
    The State of Florida submitted a FOIA request to the Department of Justice for records concerning the use of federal grants to promote drug use. The agency failed to respond, and Florida filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
16. Western Watersheds Project v. U.S. Forest Service (filed Apr 11, 2023)
    Western Watersheds Project submitted two FOIA requests to U.S. Forest Service for records. The first request concerned project records for the Canelo Hills Allotments Project. The second request concerned records for the Canelo, O’Donnell, U-D, Manila, Lyle Canyon, Lone Star Mountain, Sycamore, Post Canyon, and Sawtelle allotments. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, WWP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. Exela Pharma Sciences, LLC v. Food and Drug Administration (filed Apr 10, 2023)
    Exela Pharma Sciences submitted three FOIA requests to the FDA for records concerning the FDA’s proposed decision to increase the aluminum content limits applicable to PN products. Excela Pharma Sciences also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied Exela Pharma Sciences’ requests for expedited processing. However, after hearing nothing further from the agency, Exela Pharma Sciences filed suit.
    Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
18. Conley v. Immigration & Customs Enforcement (TV1) (filed Apr 12, 2023)
    Meghan Conley submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning correspondence between 2017-2022 between the agency and Knox County Sheriff’s Office employees discussing or related to the Knox County 287(g) agreements. The agency acknowledged receipt of the request but told Conley that it could find no responsive records. Conley filed an administrative appeal and the case was remanded to ICE to conduct a better search. However, after hearing nothing further from the agency, Conley filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
19. Jones v. United States Department Of Justice et al (filed Apr 14, 2023)
    Ronald Jones, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for his pre-sentence report. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jones filed suit.
    Issues: Failure to respond within statutory time limit
20. Vancaster v. Ferguson et al (filed Apr 10, 2023)
    Michael Van Caster filed suit against Paul Ferguson after he failed to provide records about Van Caster’s case. This is not a FOIA case.
    Issues: FOIA not mentioned
21. Vancaster v. Social Security Administration (filed Apr 10, 2023)
    Michael Van Caster filed suit against the Social Security Administration for causing him psychological damage. This is not a FOIA case.
    Issues: FOIA not mentioned
22. Vancaster v. Walsh (filed Apr 10, 2023)
    Michael Van Caster filed suit against Thomas Walsh for failure to disclosure records about his conviction. This is not a FOIA case.
    Issues: FOIA not mentioned
23. Vancaster v. Lasee et al (filed Apr 10, 2023)
    Michael Van Caster filed suit against David Lasee and Wendy Lemkuel for failure to disclosure records concerning his conviction. This is not a FOIA case.
    Issues: FOIA not mentioned

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

• In Re: Civil Beat Law Center for the Public Interest (filed Apr 7, 2023)