JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY and 13 other new FOIA lawsuits, plus case descriptions

We have added 100 documents from 14 FOIA cases filed between October 22, 2023 and October 28, 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 25, 2023)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning the death of Tafari Campbell in the Edgartown Great Pond. The agency acknowledged receipt of the request. The agency took a 10-day extension in which to respond. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. FOOD AND DRUG ADMINISTRATION (filed Oct 23, 2023)
   Functional Government Initiative submitted six FOIA requests to the FDA for records concerning the agency’s human food programs and its tobacco program. The agency acknowledged receipt but after hearing nothing further from the agency pertaining to any of the six requests, FGI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. HERITAGE FOUNDATION et al v. DEPARTMENT OF HOMELAND SECURITY (filed Oct 24, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning itself with the search limited to the Office of the Secretary, the Office of Public Affairs, and the Center for Prevention Programs and Partnerships’ Targeted Violence and Terrorism Prevention Program. The requests were limited by date from January 2021 to the present. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked the Heritage Foundation to narrow its request. It narrowed the request by saying that it did not want press clippings. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. ASSI v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 24, 2023)
   Mustapha Assi 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, Assi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ASSI v. TRANSPORTATION SECURITY ADMINISTRATION (filed Oct 24, 2023)
   Mustapha Assi submitted a FOIA request to the Transportation Security Administration for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Assi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES BUREAU OF LAND MANAGMENT (filed Oct 24, 2023)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning trespasses by oil and gas companies on BLM land. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ASSI v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 24, 2023)
   Mustapha Assi submitted a FOIA request to the FBI for records from the FBI’s Terrorist Screening Center related to Assi. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Assi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Griego et al v. Federal Emergency Management Agency (filed Oct 24, 2023)
   Patrick Griego and other plaintiffs submitted FOIA requests to the Federal Emergency Management Agency for records concerning the Hermits Peak/Calf Canyon Fire in New Mexico. The agency acknowledged receipt of the request but after hearing nothing further from the agency Griego and the other plaintiffs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. New York Legal Assistance Group v. Social Security Administration (filed Oct 24, 2023)
   The New York Legal Assistance Group filed a pattern or practice claim against the Social Security Administration for failing to grant fee waivers.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. Popov v. Department of Homeland Security (filed Oct 25, 2023)
    Peter Popov, an attorney, submitted a FOIA request to the Department of Homeland Security for records concerning the immigration file of Hrabar Todorov. The agency acknowledged receipt of the request. The agency denied the request under Exemption 6 (invasion of privacy). Popov filed an administrative appeal of the denial, arguing that disclosure would be in the public interest. The agency denied the appeal and upheld its original decision. Popov then filed suit.
    Issues: Litigation – Attorney’s fees
11. ADVANCE MAGAZINE PUBLISHERS, INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed Oct 25, 2023)
    Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning the death of Tafari Campbell in the Edgartown Great Pond. The agency acknowledged receipt of the request. The agency took a 10-day extension in which to respond. 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
12. Zheng et al v. United States Citizenship and Immigration Services (filed Oct 25, 2023)
    Wenliang Zheng submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Zheng filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. RIGSBY v. DEPARTMENT OF STATE (filed Oct 26, 2023)
    Mark Rigby submitted a FOIA request to the Department of State for records concerning the after-actin report on the U.S. withdrawal from Afghanistan that was submitted to Congress. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Rigby filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 27, 2023)
    Judicial Watch submitted a FOIA request to the FDA for records concerning the Rumor Control webpage at the FDA. 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