BADER FAMILY FOUNDATION v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION and 8 other new FOIA lawsuits

We have added 42 documents from 6 FOIA cases filed between September 3, 2023 and September 9, 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. BADER FAMILY FOUNDATION v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (filed Sep 6, 2023)
   Bader Family Foundation submitted a FOIA request to the Federal Motor Carrier Safety Administration for records concerning communications about the constitutional implications of requiring commercial vehicles to install electronic devices that could wirelessly transmit identifying information to law enforcement. The agency acknowledged receipt of the request and told the Bader Foundation that it would take five months to process the request. After hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. PRETZMAN v. MAYORKAS et al (filed Sep 5, 2023)
   Mindy Pretzman submitted a FOIA request to the Department of Homeland Security for records concerning the disclosure of Pretzman’s cell phone data, while she served as a Secret Service agent, as part the investigation of the storming of the capitol on January 6, 2021. The agency told Pretzman it considered her request was neither a FOIA nor a Privacy Act request. Pretzman filed an administrative appeal but after hearing nothing further from the agency, Pretzman filed suit.
   Issues: Failure to respond within statutory time limit, Fees
3. Defense of Freedom Institute for Policy Studies, Inc. v. US Department of Education (filed Sep 5, 2023)
   The Defense of Freedom Institute for Policy Studies submitted two FOIA requests to the Department of Education for records concerning the agency’s role in diluting the federal Desegregation of Public Education. The agency acknowledged receipt of the requests and told DFIPS that the requests were too broad to search. After hearing nothing further from the agency, DFIPS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. JP Darby Services LLC v. United States Department of Labor (filed Sep 5, 2023)
   JP Darby Services submitted a FOIA request to the Mine Health and Safety Administration for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, JP Darby Services filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH (filed Sep 6, 2023)
   Informed Consent Action Network submitted two FOIA requests to the National Institute of Health for records. The first FOIA request asked for emails sent to or received by Dr. Francis Collins that include Jeremy Farrar in the to/from line. ICAN also requested expedited processing. The agency acknowledged receipt of the request but denied ICAN’s request for expedited processing. ICAN’s second FOIA request asked for emails sent to or from Anthony Fauci that include Jeremy Farrar’s name in the to/from line of the email. ICAN also requested expedited processing for that request. The agency acknowledged receipt of the request but denied ICAN’s request for expedited processing. ICAN then filed suit challenging the denial of expedited processing.
   Issues: Failure to respond within statutory time limit, Expedited processing – Compelling Need, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. NATIONAL PUBLIC RADIO, INC. et al v. FEDERAL BUREAU OF PRISONS (filed Sep 6, 2023)
   Fernando Alphonso, an editor at NPR, submitted a FOIA request to the Bureau of Prisons for records concerning the treatment of Ghislaine Maxwell’s detention at the Brooklyn Metropolitan Detention Center. The agency acknowledged receipt of the request and denied it under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). NPR filed an administrative appeal of the denial. After hearing nothing further from the agency, NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 14 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Byrne v. National Park Service et al (filed Aug 31, 2023)
   Peter Bryne, a journalist, submitted FOIA requests to the National Park Service for records concerning operation and management of the Point Reyes National Seashore. The agency acknowledged receipt of the requests. The agency disclosed records with redactions in response to several requests and told Bryne that it was working on others. After hearing nothing further from the agency, Bryne filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
2. Sherven, Matthew v. National Security Agency (filed Aug 30, 2023)
   Matthew Sherven submitted a FOIA request to the National Security Agency for records. The agency told him the request did not align with their mission. After hearing nothing further from the agency, Sherven filed suit.
   Issues: Failure to respond within statutory time limit
3. Sanders, Thomas v. Bender, Joseph et al (filed Aug 28, 2023)
   Thomas Sanders submitted a FOIA request to the FBI for records concerning his criminal investigation. The agency acknowledged receipt of the request and issued a Glomar response. After hearing nothing further from the agency, Sanders filed suit.
   Issues: Failure to respond within statutory time limit