BERNSTEIN v. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY et al and 23 other new FOIA lawsuits
We have added 126 documents from 24 FOIA cases filed between October 1, 2023 and October 7, 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.
- BERNSTEIN v. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY et al (filed Oct 3, 2023)
Daniel Bernstein, a professor of computer science at the University of Illinois at Chicago, submitted a FOIA request to the National Institute of Standards for records concerning the NIST Post-Quantum Cryptography Standardization Project. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Bernstein filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search - Arrow Indian Contractors Incorporated v. United States Federal Highway Administration, Central Federal Lands Division (filed Oct 5, 2023)
Arrow Indian Contractors submitted two FOIA requests to the Federal Highway Administration for records concerning the contract Arrow entered into with FWHA for construction and paving of approximately one mile of road leading to Imperial National Wildlife Refugee within Yuma County, Arizona. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Arrow Contractors filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jewish Legal News, Inc. v. U.S. Department of Education (filed Oct 3, 2023)
Jewish Legal News submitted a FOIA request to the Department of Education for records concerning complaints related to antisemitism at colleges and universities received by the agency. The agency acknowledged receipt of the request. After hearing nothing further from the agency, JLN filed suit. JLN also filed a pattern and practice claim.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Oct 5, 2023)
Judicial Watch submitted a FOIA request to Executive Office for U.S. Attorneys for records concerning the Hunter Biden investigation. 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 - CATO INSTITUTE v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed Oct 6, 2023)
The Cato Institute submitted two FOIA requests to U.S. Customs and Border Protection for records concerning all employees, and information about their employment. The second request was for records on arrests. The agency acknowledged receipt of both requests. After hearing nothing further from the agency, the Cato Institute filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Chelmowski v. Federal Communication Commission (filed Oct 4, 2023)
James Chelmowski submitted a FOIA request to the Federal Communications Commission for records concerning the processing of his 2021 FOIA appeal. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Chelmowski filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Chelmowski v. National Archives and Records Administration (filed Oct 5, 2023)
James Chelmowski submitted a FOIA request to the National Archives and Records Administration for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Chelmowski filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jasi v. U.S. Citizen and Immigration Services (USCIS) et al (filed Oct 5, 2023)
Karen Jasi submitted FOIA requests to U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement for records concerning her Alien file. The agency acknowledged request of the requests. After hearing nothing further from either agency Jasi filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - The New York Times Company v. Federal Bureau Of Investigation (filed Oct 5, 2023)
The New York Times submitted a FOIA request to the FBI for records concerning the presentation made by identified FBI agents entitled Multimedia Evidence Tools on the Digital Content Analysis Platform. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services et al (filed Oct 6, 2023)
International Refugee Assistance Project submitted FOIA requests to U.S. Citizenship and Immigration Services and the Department of State for records concerning the Iraqi DAP program, which allows Iraqis who cooperated with the U.S. during the war to immediately request resettlement. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, IRAP filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Ashley v. United States Department of Labor (filed Oct 3, 2023)
Jason Ashley submitted a FOIA request to the Department of Labor for records concerning for records concerning his case file. The agency acknowledged receipt of the request. The agency disclosed records with redactions. Ashley filed an administrative appeal. After hearing nothing further from the agency, Ashley filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Alvarez Gomez v. United States Department Of Justice et al (filed Oct 4, 2023)
Juan Carlos Alvarez Gomez submitted a FOIA request to the Bureau of Prisons for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Alvarez Gomez filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - STAHL et al v. US DEPARTMENT OF JUSTICE et al (filed Oct 1, 2023)
Franklin and Andy Stahl submitted a FOIA request to the FBI for records concerning Andy Stahl. Stahl also asked for expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Stahls filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - GIBBONS et al v. DEPARTMENT OF JUSTICE (filed Oct 2, 2023)
Charles Gibbons and Defending Rights & Dissent submitted FOIA requests to the Department of Justice for records on William O’Neal, who was deceased. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gibbons filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - State of Tennessee v. Mayorkas et al (filed Oct 2, 2023)
The State of Tennessee submitted FOIA requests to the Department of Homeland Security for records concerning the planned release of U.S. Immigration and Customs Enforcement detainees in Tennessee. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the State of Tennessee filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - ZHU v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 3, 2023)
Lei Zhu submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Zhu filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Oct 3, 2023)
Judicial Watch submitted a FOIA request o the Office of the Director of National Intelligence for records concerning communications of the National Counterterrorism Center regarding the Foreign Malign Influence Center. The agency acknowledged receipt of the request. V After hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF TRANSPORTATION (filed Oct 4, 2023)
Judicial Watch submitted a FOIA request to the Department of Transportation for records concerning emails of Secretary Pete Buttigieg pertaining to five specified categories. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 4, 2023)
Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning aggression and bites by the Biden’s dog Commander. The agency acknowledged receipt of the request. The agency told Judicial Watch that a search had been completed. However, 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 - Hartmann v. Internal Revenue Service (filed Oct 4, 2023)
Anthony Hartman submitted a FOIA request to the IRS for records contained in administrative and investigative materials pertaining to his 2016 through 2023 federal excise taxes. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Hartman filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Oct 5, 2023)
Judicial Watch submitted a FOIA request to the Department of State for records concerning modifications to the eligibility of Hungarian citizens to participate in the in the visa waiver program which went into effect August 1, 2023. 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 - WESTERN ENVIRONMENTAL LAW CENTER v. UNITED STATES DEPARTMENT OF ENERGY (filed Oct 6, 2023)
Western Environmental Law Center submitted two FOIA requests to the Department of Energy. The first requested asked for records concerning the WISHH hydrogen hub application. The second request asked for records concerning the SHINe hydrogen hub application. The agency acknowledged receipt of both requests. After hearing nothing further from the agency concerning either request, WELC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - NOVAK v. CENTRAL INTELLIGENCE AGENCY (filed Oct 6, 2023)
Viveca Novak submitted a FOIA request to the CIA for records about her mother’s employment by the agency after World War II. Novak asked for inclusion in the news media category. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Novak filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - MARTINO v. FEDERAL BUREAU OF PRISONS (filed Oct 6, 2023)
Nicholas Martino submitted a FOIA request to the Bureau of Prisons for records concerning an investigation of an inmate at the prison at which he is housed. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Martino filed suit.
Issues: Failure to respond within statutory time limit
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