CONSTITUTIONAL LAW CENTER FOR MUSLIMS IN AMERICA v. FEDERAL BUREAU OF INVESTIGATIONS and 8 other new FOIA lawsuits

We have added 62 documents from 8 FOIA cases filed between May 28, 2023 and June 3, 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. CONSTITUTIONAL LAW CENTER FOR MUSLIMS IN AMERICA v. FEDERAL BUREAU OF INVESTIGATIONS (filed Jun 1, 2023)
   Constitutional Law Center for Muslims in America submitted a FOOIA request to the FBI for records concerning its policies and practices regarding the Watchdog Advisory Council. The agency acknowledged receipt of the request. The agency eventually closed CLCMA’s request for failure to adequately describe the requested records. After hearing nothing further from the agency, CLCMA filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. FRIER & LEVITT LLC v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 30, 2023)
   The law firm of Frier & Levitt, that represents individuals and families eligible for death benefits because of the COVID-19 pandemic. submitted a FOIA request to the Department of Health and Human Services’ Health Resources Services Administration for records concerning its obligations under the Prep Act. The agency acknowledged receipt of the request and told Frier & Leavitt that it had 1,010 responsive pages and the cost for copies would be $816.50. Frier & Leavitt agreed to pay the fee. However, after hearing nothing more from the agency, Frier & Leavitt filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. LAKEPOINT LAND GROUP, LLC v. U.S. INTERNAL REVENUE SERVICE (filed May 31, 2023)
   Lakepoint Land Group submitted a FOIA request to the IRS for records concerning false submissions made by the IRS to the U.S. Tax Court. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lakepoint Land Group filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jun 2, 2023)
   Judicial Watch submitted a FOIA request to the Department of the Air Force for records concerning Anna Paulina Luna. 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
5. WILLKIE FARR & GALLAGHER LLP v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jun 2, 2023)
   The law firm of Willkie Farr & Gallagher submitted a FOIA request to the Department of Justice for records concerning communications exchanged by the parties in connection with Crystallix International v. Bolivarian Republic of Venezuela. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. WILLKIE FARR & GALLAGHER LLP v. UNITED STATES DEPARTMENT OF STATE (filed Jun 2, 2023)
   The law firm of Willkie Farr & Gallagher submitted a FOIA request to the State Department for records concerning communications exchanged by the parties in connection with Crystallix International v. Bolivarian Republic of Venezuela. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Russo et al v. United States Small Business Administration (filed Jun 2, 2023)
   KL Associates and Lynda Russo submitted a FOIA request to the U.S. Small Business Administration for records concerning the applicant’s COVID-19 emergency application. The agency acknowledged receipt of the request. The agency provided some records but withheld others under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Russo filed an administrative appeal. She also submitted several other FOIA requests asking for information about her role as a small businessperson. After hearing nothing further from the agency, Russo filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. MURRAY v. UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed May 31, 2023)
   Martin Murray, a professor at the University of Michigan, submitted a FOIA request to the National Archives and Records Administration for records concerning his role in anti-war protests against the Vietnam War in the 1970s. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Murray filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

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

• JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 24, 2023)