US RIGHT TO KNOW v. FEDERAL BUREAU OF INVESTIGATION and 20 other new FOIA lawsuits, plus case descriptions

We have added 103 documents from 18 FOIA cases filed between June 18, 2023 and June 24, 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. US RIGHT TO KNOW v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 18, 2023)
   U.S. Right to Know submitted a FOIA request to the FBI for records concerning the origin of the COVID-19 pandemic. U.S. Right to Know also requested a fee waiver. The agency acknowledged receipt of the request. The agency divided the request into three separate requests. After hearing nothing further from the agency, USTRK filed suit, challenging the agency’s fail to respond only to the second request.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Cauich Castillo v. U.S. Customs and Border Protection (filed Jun 23, 2023)
   Jose Armando Cauich Castillo submitted a FOIA request to U.S./ Customs and Border Protection for records concerning himself. Cauich Castillo also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Cauich Castillo’s request for expedited processing. After hearing nothing further from the agency, Cauich Castillo filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. American Civil Liberties Union of Northern California v. US Immigration and Customs Enforcement (filed Jun 23, 2023)
   The ACLU of Northern California submitted FOIA requests seeking information related to grievance logs maintained by six California immigration detention centers. ACLU of Northern California also requested expedited processing. The agency acknowledged receipt of the requests and denied the request for expedited processing. ACLU of Northern California filed an administrative appeal of the denial of its requested for expedited processing. After hearing nothing further from the agency, the ACLU of Northern California filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. US RIGHT TO KNOW v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 18, 2023)
   U.S. Right to Know submitted a FOIA request to the FBI for records concerning the origins of the COVID-19 pandemic. The agency acknowledged receipt of the request and divided the request into three separate requests. After hearing nothing further from the agency, USTRK filed suit, challenging the agency’s lack of response to the first request.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
5. KENTUCKY INNOCENCE PROJECT v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jun 20, 2023)
   The Kentucky Innocence Project, a litigation organization that defends individuals through the use of DNA evidence, submitted a FOIA request to the FBI for records concerning the investigation of the murder of Jessica Currin on August 1, 2000 in Mayfield, Kentucky. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Kentucky Innocence Project filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed Jun 23, 2023)
   The Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning the number of students enrolled at Saba University School of Medicine, broken down by Fall, Spring, and Summer Cohorts. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN’s request for a fee waiver. After hearing nothing further from the agency, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. SKANSKA USA BUILDING INC. v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Jun 23, 2023)
   Skanska USA Building Inc submitted FOIA requests to the Department of Housing and Urban Development for records concerning the construction of the Acute Care Services Replacement Hospital Building on the campus of the Hollywood Medical Center located in Los Angeles. The agency acknowledged receipt of the request but after hearing nothing further from the agency concerning its requests, Skanska USA Building filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Jun 23, 2023)
   Judicial Watch submitted a FOIA request to the CIA for records concerning communications from the Prepublication Classification Review Board pertaining to clearing a letter from Hunter Biden’s laptop. 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
9. POWER THE FUTURE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Jun 24, 2023)
   Power the Future submitted a FOIA request to the EPA for records concerning certain described email correspondence between five named EPA Region IV political appointees and eight named email domains of environmental pressure groups. Power the Future also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. FOERSTER v. U.S. DEPARTMENT OF JUSTICE (filed Jun 23, 2023)
    Bradley Foerster submitted a FOIA request to the Department of Justice for records concerning his FBI file. The agency acknowledged receipt of the request. The agency told Foerster it had located 514 pages of responsive records and would provide them at a cost of $40. Forester paid he $40 fee. After hearing nothing from the agency, Foerster filed two separate administrative appeals. After hearing nothing further from the agency, Foerster filed suit.
    Issues: Failure to respond within statutory time limit, Fees
11. Barrett et al v. Officer Jones Badge #385 et al (filed Jun 21, 2023)
    Danielle Barrett and Leonard Smith filed suit against the North Miami Police Department. This is not a FOIA case.
    Issues: FOIA not mentioned
12. US Right to Know v. National Institutes of Health (filed Jun 19, 2023)
    Right to Know submitted a FOIA request to the National Institute of Health for records concerning an email and its follow-up pertaining to COVID-19. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USTRK filed suit.
    Issues: Failure to respond within statutory time limit
13. Brennan Center For Justice At New York University School Of Law v. U.S. Department of Homeland Security et al (filed Jun 23, 2023)
    The Brennan Center for Justice submitted four FOIA requests to the Department of Homeland Security and the FBI for records concerning the nature of sweeping, interconnected DHS intelligence and homeland security programs. The Brennan Center also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, the Brennan Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Northwest Environmental Advocates v. Bonneville Power Administration (filed Jun 21, 2023)
    Northwest Environmental Advocates submitted FOIA requests to the Bonnesville Power Administration for records concerning communications between BPA and others regarding potential development of new nuclear sources, including small modular reactors. The agency acknowledged receipt of the request. The agency told NWEA that it had located 147,000 potentially responsive records. It also told NWEA that it intended to withhold records under Exemption 4 (commercial and confidential). After hearing nothing further from the agency, NWEA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. STUDENT BORROWER PROTECTION CENTER v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jun 20, 2023)
    Student Borrower Protection Center submitted a FOIA request to the Department of Education for records concerning the number of borrowers who have applied for and secured discharge because of incarceration lasting ten years or more. The agency acknowledged receipt of the request and asked SBPC to clarify the time frame for the request. SBPC provided clarification but after hearing nothing further from the agency, SBPC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Gamble III v. U.S. Department of Housing and Urban Development Freedom of Information Act Office (filed Jun 21, 2023)
    John Gamble submitted a FOIA request to the Department of Housing and Urban Development for records concerning communications in reference to HUD FHA Project Number 129-00956. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gamble filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF DEFENSE (filed Jun 22, 2023)
    The Heritage Foundation submitted two FOIA requests to the Department of Defense. The first request asked for records held by individuals within the Assistant Secretary of Defense for Health Affairs, Office of Health Resources Management & Policy, Office of Health Readiness, and Office of Health Services Policy & Oversight. The second request asked records within the Health Defense Agency of the Force Health Protection and Readiness Programs and the Health Care Administration. The requests concerned policies on obtaining abortions. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
18. Acunamanzano v. US Department of the Army (filed Jun 23, 2023)
    Irma Estephania Acunamanzano submitted FOIA requests to the Department of Army for records concerning and administrative investigation that led to her court-martial. She agreed to pay $100 without any further authorization. The agency acknowledged receipt of her request. After hearing nothing further from the agency, Acunamanzano filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. U.S. Right to Know v. National Institutes Health (filed Jun 15, 2023)
2. U.S. Right to Know v. Defense Intelligence Agency (filed Jun 14, 2023)
3. Government Accountability & Oversight v. Department of Health and Human Services et al (filed Jun 12, 2023)