MID-ATLANTIC INNOCENCE PROJECT v. FEDERAL BUREAU OF INVESTIGATION et al and 15 other new FOIA lawsuits

We have added 91 documents from 15 FOIA cases filed between July 16, 2023 and July 22, 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. MID-ATLANTIC INNOCENCE PROJECT v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jul 20, 2023)
   The Mid-Atlantic Innocence Project submitted a FOIA request to the FBI for records concerning Kenneth Copeland related to the 1992 murder of Wayne Edelin. The agency acknowledged receipt of the request. The agency identified 1,266 responsive pages and provided an estimated fee of $55.00 for CD releases or $58.00 for paper copies. MAIP asked for CDs. The agency put it request under the track for large requests. After hearing nothing further from the agency, MAIP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. AMERICAN IMMIGRANT INVESTOR ALLIANCE v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Jul 18, 2023)
   The American Immigrant Investor Alliance submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning I-526and I-526E filings by month from April 2022 to April 2023. The agency acknowledged receipt of the request. After the agency failed to respond completely, AIIA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jul 18, 2023)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning the Office of the Attorney General regarding the IRS’s investigation into Hunter Biden. The agency acknowledged receipt of the request. After the agency failed to respond, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. PROTECT THE PUBLIC'S TRUST v. U.S. CONSUMER PRODUCT SAFETY COMMISSION (filed Jul 18, 2023)
   Protect the Public’s Trust submitted a FOIA request to U.S. Consumer Product Safety Commission for records concerning ethics waivers given to senior officials of the agency. The agency acknowledged receipt of the request but hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. USHER v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jul 18, 2023)
   Richard Usher submitted a FOIA request to the Anti-Trust Division of the Department of Justice for records concerning Form 302 reports pertaining to Matthew Gardiner. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Usher filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. GOLDEN v. FEDERAL BUREAU OF PRISONS (filed Jul 20, 2023)
   Deborah Golden submitted a FOIA request to the Bureau of Prisons for records concerning a prisoner who she represented who had been transferred to ADX facility in Florence, Colorado. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Golden filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Doe et al v. U. S. Immigration and Customs Enforcement et al (filed Jul 19, 2023)
   Jane Doe, a Venezuelan woman seeking asylum in the United States, submitted FOIA requests to the Department of Homeland Security for records concerning immigration records pertaining to Jane Doe. She also asked for expedited processing. The agency acknowledged receipt of the requests and disclosed six heavily redacted pages. Jane Doe filed an administrative appeal. After hearing nothing further from the agency, Jane Doe filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. E.B. v. U.S. Department Of Justice (filed Jul 19, 2023)
   E.B. submitted a FOIA request to the FBI for records concerning his wrongful arrest. The agency acknowledged receipt of the request. The FBI disclosed 80 pages of responsive records with 41 pages containing redactions. E.B. filed an administrative appeal but after E.B. was dissatisfied with the agency’s response, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. American Civil Liberties Union Foundation v. United States Immigration and Customs Enforcement et al (filed Jul 20, 2023)
   The ACLU submitted a FOIA request to U.S. Immigration and Customs Enforcement for records provided by DHS or ICE to the Senate and/or House Appropriation Committees regarding appropriations for law libraries and legal resources. The ACLU also requested a fee waiver. The agency acknowledged receipt of the request. 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, Adequacy – Search, Litigation – Attorney’s fees
10. Barnett v. Luckstone et al (filed Jul 18, 2023)
    Christopher Barnett submitted a FOIA request to the U.S. Marshals Service for records concerning his trial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Barnett filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
11. Barnett v. Federal Bureau of Investigation, The et al (filed Jul 17, 2023)
    Christopher Barnett submitted a FOIA request to the FBI for records concerning his investigation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Barnett filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
12. CHINESE AMERICAN LEGAL DEFENSE ALLIANCE v. NATIONAL INSTITUTE OF HEALTH (filed Jul 17, 2023)
    The Chinese American Legal Defense Alliance submitted a FOIA request to the National Institute of Health for records concerning investigations against any professors at a U.S. university concerning a long list of topics. CALDA also requested expedited processing. The agency acknowledged receipt of the request but after the agency failed to respond completely to the request, CALDA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Aland v. U.S Department of the Interior, et al (filed Jul 17, 2023)
    Robert Aland submitted a FOIA request to the Department of Interior for records concerning Greg Sheehan and Martha Williams, senior officials in the U.S. Fish and Wildlife Service. The agency acknowledged receipt of the request. The agency provided some responsive records but after the agency failed to respond completely, Aland filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Recovery of Costs
14. PROTECT THE PUBLIC'S TRUST v. NATIONAL LABOR RELATIONS BOARD (filed Jul 18, 2023)
    Protect the Public’s Trust submitted a FOIA request to the National Labor Relations Board for records concerning the agency’s decision to participate in any future lawsuits or challenges to the joint employer rule. The agency acknowledged receipt of the request. The agency told PPT that it had received a number of similar requests and needed to consult with various offices and conduct a more thorough search. In response to one part of PPT’s request the agency disclosed a 14-page memo with redactions under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding). PPT filed an administrative appeal. The agency granted PPT’s appeal in part but denied other portions. PPT then filed suit.
    Issues: Litigation – Attorney’s fees
15. NIGAM v. U.S. CUSTOMS & BORDER PROTECTION et al (filed Jul 19, 2023)
    Shivangi Rishi Nigam submitted a FOIA request to U.S. Customs and Border Protection for records concerning the denial of his visa application. He heard nothing from CBP. He then submitted a FOIA request to U.S. Citizenship and Immigration Services for the same type of records. The agency acknowledged receipt of the request. After receiving no response from the agency, Nigam filed suit.
    Issues: Failure to respond within statutory time limit, 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.

• BOGLE v. DRUG ENFORCEMENT ADMINISTRATION (filed Jul 14, 2023)