Star News Digital Media, Inc. et al v. Federal Bureau of Investigation and 18 other new FOIA lawsuits

We have added 107 documents from 17 FOIA cases filed between May 7, 2023 and May 13, 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. Star News Digital Media, Inc. et al v. Federal Bureau of Investigation (filed May 10, 2023)
   Star News Digital Media submitted a FOIA request to the FBI for records concerning the manifesto published by the Nashville school shooter. The Star News Media also requested expedited processing. The FBI acknowledged receipt of the request. The FBI denied Star Media’s request for expedited processing. The FBI denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Star Media filed an administrative appeal to the Office of Information Policy. OIP denied Star Media’s appeal. The Nashville Police then indicated that they might disclose the manifesto under Tennessee’s open records law. However, the Nashville Police decided not to disclose the manifesto. Star Media then filed suit.
   Issues: Litigation – Attorney’s fees
2. Ali Gorginfar v. Federal Bureau of Investigation et al (filed May 11, 2023)
   Ali Gorginfar submitted a FOIA request to the FBI for records concerning a report in which he was investigated by the FBI. The agency acknowledged receipt of the request and asked Gorginfar to limit its scope to 150 pages. After hearing nothing further from the agency, Gorginfar filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. Manuel v. The United States (filed May 11, 2023)
4. ZACHOR LEGAL INSTITUTE v. U.S. DEPARTMENT OF EDUCATION (filed May 8, 2023)
   Zachor Legal Institute submitted a FOIA request to the Department of Education for records concerning a contract between Qatar Foundation and the redacted entity referenced in a specified report from the Department of Education. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Zachor Legal Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. JOHNSON v. UNITED STATES DEPARTMENT OF THE ARMY (filed May 9, 2023)
   Allan Johnson submitted FOIA requests to the Department Army for records concerning the Annual History Report for the U.S. Army in Europe for various calendar years. The agency acknowledged receipt of the requests but closed the requests and referred Johnson to the National Archives to obtain the records. Johnson filed administrative appeals for the denials but after hearing nothing further from the agency, Johnson filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS v. UNITED STATES DEPARTMENT OF JUSTICE (filed May 10, 2023)
   Washington Lawyers’ Committee for Civil Rights and Urban Affairs submitted 55 FOIA requests to the Bureau of Prisons over a period of 13 years without ever receiving a full response or notice of appeals rights. WLC finally filed suit alleging a policy and practice claim against the agency.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
7. AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS (filed May 10, 2023)
   The ACLU submitted a FOIA request to the Bureau of Prisons for records concerning about people who were moved to home confinement under the authority of the CARES Act after December 25, 2021. The ACLU requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied the ACLU’s request for expedited processing. The ACLU filed an administrative appeal to the Office of Information Policy challenging the agency’s denial of expedited processing. OIP upheld the agency’s denial of expedited processing. The ACLU then filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed May 11, 2023)
   Protect the Public’s trust submitted a FOIA request to the Department of Health and Human Services for records concerning communications of Secretary Xavier Becerra. The agency 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
9. The 2005 Robert Julien Family Delaware Dynasty Trust et al v. Internal Revenue Service (filed May 9, 2023)
   The 2005 Robert Julien Family Delaware Dynasty Trust submitted a FOIA request to the IRS for records concerning the Trust’s taxes. The agency acknowledged receipt of the request. The agency ultimately withheld the records under a variety of exemptions. The Trust filed an administrative appeal. After hearing nothing further from the agency, The Trust filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
10. Lwin et al v. United States Citizenship and Immigration Services (filed May 7, 2023)
    Ye Lwin and the Louise Trauma Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning for a copy of the most current version of the Affirmative Asylum Procedures Manual. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Lwin filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. New Mexico Cattle Growers Association v. United States Department of Agriculture et al (filed May 8, 2023)
    The New Mexico Cattle Growers Association submitted a FOIA request to the Department of Agriculture for records concerning aerial gunning of livestock in the Gila National Forest and Gila Wilderness on or about February 14, 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NMCGA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. WELSH v. BLINKEN (filed May 8, 2023)
    Jason Welsh, a State Department employee working in the Philippines, submitted a FOIA request to the Department of State for records concerning his request for an extension of his tour. The agency acknowledged receipt of the request and asked Welsh to provide authentication of his identity. Welsh provided an authentication form, but the agency denied his request because he did not provide the proper identification form. Welsh then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. PDV HOLDING, INC. v. UNITED STATES DEPARTMENT OF TREASURY et al (filed May 8, 2023)
    PDV Holding, Inc. submitted two FOIA requests to the Office of Foreign Assets Control at the Department of Treasury for records. The first request asked for records involving OFAC and the U.S. District Court for the District of Delaware in connection with Crystallax v. Venezuela. The second request asked for records concerning a specified list of documents pertaining to OFAC and the District Court for the District of Delaware. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PDV Holdings filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. BLOOMBERG L.P. v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES et al (filed May 9, 2023)
    Bloomberg, L.P. submitted two FOIA requests to the Bureau of Alcohol, Tobacco and Firearms. The first request asked for records concerning the response to GAO audit of BATF Anti-Smuggling Efforts. The second FOIA request asked for records concerning aggregate trace data from the National Tracing Center. The agency acknowledged receipt of the requests. After hearing nothing further from the agency concerning either request, Bloomberg, L.P. filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed May 9, 2023)
    American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records from January 2018 to October 2021 that contain the microchip number of each wild horse or wild burro and the corresponding freeze mark number of ID number of each wild horse or wild burro that has a microchip number in the Bureau of Management’s Wild Horse & Burro Program System database. The agency acknowledged receipt of the request. The agency asked AWHC to modify the scope of its request. AWHC did so. After hearing nothing further from the agency, AWHC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. EMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed May 10, 2023)
    Empower Oversight Whistleblowers & Research submitted two FOIA requests to the SEC. The first request asked for the agency’s FOIA processing notes explaining why it claimed it found no records in response to an earlier request. The agency acknowledged receipt of the request but provided no further response. The second request asked for records concerning various records regarding potential conflicts of interest related to the SEC’s cryptocurrency enforcement decisions. The agency acknowledged receipt of the request. After hearing nothing further from the agency on either request, Empower Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. Cheng v. Department of Justice et al (filed May 12, 2023)
    Sheng-Nen Cheng submitted a FOIA request to the FBI for records concerning all unclassified documents that former President Donald Trump took to his Mar-a-Lago estate. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Cheng filed an administrative appeal with the Office of Information Policy. After hearing nothing further from the agency, Cheng filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• RISENHOOVER v. US DEPARTMENT OF COMMERCE et al (filed May 4, 2023)
• PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed May 3, 2023)