CITIZENS FOR CONSTITUTIONAL INTEGRITY v. U.S. DEPARTMENT OF COMMERCE et al and 27 other new FOIA lawsuits

We have added 201 documents from 26 FOIA cases filed between May 21, 2023 and May 27, 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. CITIZENS FOR CONSTITUTIONAL INTEGRITY v. U.S. DEPARTMENT OF COMMERCE et al (filed May 24, 2023)
   Citizens for Constitutional Integrity submitted a FOIA request to the Bureau of the Census for records concerning the report it provided to the House of Representatives indicating the apportionment of seats based on the 2020 Census. The Bureau acknowledged receipt of the request but told CCI that it did not have the report but that the Department of Commerce had a copy of the report. CCI then sent a FOIA request to the Department of Commerce. The Department acknowledge receipt of the request but after hearing nothing further from the agency, CCI filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Pierre Haobsh v. Federal Bureau of Investigation et al (filed May 22, 2023)
   Pierre Haobsh submitted a FOIA request to the FBI for records himself. After hearing nothing further from thhe agency, Haobsh filed suit.
   Issues: Failure to respond within statutory time limit
3. POWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed May 22, 2023)
   Power the Future submitted a FOIA request to the EPA for records concerning correspondence between four named Region IX political appointees and eight domains of pressure groups. The agency acknowledged receipt of the request and told Power the Future that the request fell within the unusual circumstances category. After hearing nothing further from the agency, Power the Future filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
4. MEHTA v. U.S. CUSTOMS & BORDER PROTECTION (filed May 22, 2023)
   Puneet Mehta submitted a FOIA request to U.S. Customs and Border Protection for records concerning his interactions with CBP at his port of entry. The agency acknowledged receipt of the request but after hearing nothing further from the agency Mehta filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. INFORMED CONSENT ACTION NETWORK v. SOCIAL SECURITY ADMINISTRATION (filed May 23, 2023)
   Informed Consent Action Network submitted FOIA requests to the Social Security Administration for records concerning emails sent to or from a list of specified officials with specified Boolean search terms. ICAN also requested a fee waiver. The agency denied ICAN’s request for a fee waiver. ICAN filed an administrative appeal challenging the denial of its fee waiver request. SSA denied ICAN’s appeal of the fee waiver. ICAN then filed suit.
   Issues: Public Interest Fee Waiver, Litigation – Attorney’s fees
6. DOE v. US DEPARTMENT OF JUSTICE et al (filed May 23, 2023)
   Jane Doe submitted a FOIA request to the Department of Justice for records concerning her job application to the FBI. She applied for a job with the FBI out of college on the condition that she meet the requirements of a background check. The FBI told her she did not get the job because of what came up in her background check. Doe filed an administrative appeal with the Office of Information Policy. OIP acknowledged receipt of the appeal but after hearing nothing further from the agency, Doe filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. HALEEM v. DEPARTMENT OF DEFENSE et al (filed May 23, 2023)
   Deen Haleem submitted FOIA requests to the Department of Defense and the Department of Justice for records concerning the withdrawal of his security clearance. He received records from some of the agencies to which he sent FOIA requests but he was dissatisfied and filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 24, 2023)
   Judicial Watch submitted a FOIA request to the FBI for records concerning the shooting rampage of Audrey Hale at the Covenant School in Nashville on March 27, 2023. The FBI acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI’s denial and Judicial Watch filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 24, 2023)
   Judicial Watch submitted a FOIA request to the FBI for records concerning a specifically identified FBI Evidence Response Team Case Book. The FBI acknowledged of the request. The FBI denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch filed an administrative appeal to the Office of Information Policy. OIP upheld the FBI’s denial. Judicial Watch then filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. AMERICAN CENTER FOR LAW & JUSTICE v. FEDERAL BUREAU OF INVESTIGATION (filed May 24, 2023)
    American Center for Law and Justice submitted two FOIA requests to the FBI for records concerning a memo from the FBI’s Richmond Field Office suggesting tradition Catholic ideology was overlapping with the white supremacist movement. The agency acknowledged receipt of the request. The agency told ACLJ that the requests fell within the unusual circumstances’ exception. 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
11. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. CONSUMER PRODUCT SAFETY COMMISSION (filed May 24, 2023)
    Functional Government Initiative submitted a FOIA request to U.S. Consumer Product Safety Commission for records concerning communications of certain organizations. FGI also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
12. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed May 24, 2023)
    Functional Government Initiative submitted a FOIA request to the Department of Housing and Urban Development for records concerning communications with certain organizations. FGI also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked FGI to clarify what news media it was referring to in its request. FGI told HUD that it could not identify specific news media. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
13. INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION (filed May 25, 2023)
    Informed Consent Action Network submitted four FOIA requests to the FDA for records concerning specified VAERS reports. The agency acknowledged the requests. The agency disclosed records but withheld other under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). ICAN filed an administrative appeal covering all four requests. FDA remanded the requests for further processing. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. KITLINSKI v. U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (filed May 25, 2023)
    Darek Kitlinski submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning mentioning his name in correspondence between two AUSAs in the Eastern District of Virginia. The agency acknowledged receipt of the request and told Kitlinski that it fell within the unusual circumstances’ exception. Kitlinski filed an administrative appeal with the Office of Information Policy. After hearing further from the agency, Kitlinski filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Recovery of Costs
15. BLOOMBERG L.P. v. U.S. DEPARTMENT OF COMMERCE (filed May 25, 2023)
    Bloomberg L.P. submitted four FOIA requests to the Department of Commerce for records concerning the agency’s involvement in the 2014 SHOT Show firearms exhibition. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Bloomberg, L.P. filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF EDUCATION (filed May 26, 2023)
    Functional Government Initiative submitted a FOIA request to the Department of Education for records concerning a list of specified officials who records mentioned critical race theory or CRT. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
17. BLOOMBERG L.P. v. U.S. DEPARTMENT OF ARMY et al (filed May 26, 2023)
    Bloomberg L.P. submitted six FOIA requests to the Department of Army for records concerning the contract that permits Olin Winchester LLC to operate the Lake City Army Ammunition Plant in Independence, Missouri. The agency acknowledged the requests but after hearing nothing further from the agency, Bloomberg L.P. filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
18. AL OTRO LADO, INC. v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 27, 2023)
    Al Otro Lado, Inc. filed suit against U.S. Immigration and Customs Enforcement to require it to continue to make available its Excel FOIA logs since 2018.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
19. State of Florida v. U.S. Department of Education (filed May 26, 2023)
    The State of Florida submitted a FOIA request to the Department of Education for records concerning its plan to make changes to the accreditation process and anticipated application of current guidance to Florida. Florida also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Florida’s request for expedited processing. After hearing nothing further from the agency, Florida filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
20. Western Watersheds Project v. Bureau of Land Management (filed May 23, 2023)
    Western Watersheds Project submitted three FOIA requests to the Bureau of Land Management for records. The first request asked for records concerning grazing administration documents for two grazing allotments in the Tonopah Field Office, the Ralston and Monitor allotments. The second request asked for records concerning Fiscal Year summary reports for grazing allotments in the Caliente and Bristlecone Field Offices for FY 2021 and FY 2022. The third request asked for records concerning certain livestock grazing compliance reports on the Caliente and Bristlecone Field Offices for FY 2021 and FY 2022. The agency acknowledged receipt of the requests. The agency also granted WWP’s request for a fee waiver. After hearing nothing further from the agency, WWP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
21. Louise Trauma Center LLC v. United States Citizenship and Immigration Services (filed May 26, 2023)
    Louise Trauma Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the Fiscal Year Dashboard report for the Arlington Asylum Office. LTC also requested a fee waiver. The agency acknowledged receipt of the request and granted LTC’s request for a fee waiver. After hearing nothing further from the agency, LTC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. ACLU of NH v. US Customs and Border Protection (filed May 22, 2023)
    The American Civil Liberties Union of New Hampshire submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP apprehensions of undocumented aliens in the Swanson Sector of New Hampshire. The agency acknowledged receipt of the request and told the ACLU that it would not release the records although it cited no exemptions. The ACLU filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the ACLU of New Hampshire filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. Cheng v. Department of Justice et al (filed May 23, 2023)
    Sheng-Wen Cheng, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning the disciplinary records history of all present staff that are working at FCI Fort Dix. The agency acknowledged receipt of the request. The agency withheld the records under Exemption 6 (invasion of privacy) and 7(C) (invasion of privacy concerning law enforcement records). Cheng filed an administrative appeal to the Office of Information Policy. However, after hearing nothing further from the agency, Cheng filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
24. The New York Times Company et al v United States Department of Justice (filed May 25, 2023)
    New York Times Reporter Mara Hvistendahl submitted a FOIA request to Office of the Inspector General at the Department of Justice for a copy of a report concerning OIG’s investigation into misconduct by FBI agents abroad. She also requested expediting processing. The agency acknowledged receipt of the request. The agency disclosed only two heavily redacted pages. Hvistendahl filed an administrative appeal of the denial as well as the agency’s denial of her request for expedited processing. The agency upheld its denial of both decisions. The New York Times then filed suit.
    Issues: Litigation – Attorney’s fees
25. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES DEPARTMENT OF ENERGY (filed May 24, 2023)
    Functional Government Initiative submitted a FOIOA request to the Department of Energy for records concerning communications with certain organizations. FGI also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
26. Louise Trauma Center LLC v. United States Citizenship and Immigration Services (filed May 26, 2023)
    Louise Trauma Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the Fiscal Year Dashboard report for the Arlington Asylum Office. LTC also requested a fee waiver. The agency acknowledged receipt of the request and granted LTC’s request for a fee waiver. After hearing nothing further from the agency, LTC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• FREY v. FEDERAL BUARAU OF INVESTIGATION (filed May 19, 2023)
• ZARAGOSA-SOLIS v. U.S. DEPARTMENT OF JUSTICE (filed May 15, 2023)