KHATCHADOURIAN v. CENTRAL INTELLIGENCE AGENCY and 13 other new FOIA lawsuits, plus case descriptions

We have added 84 documents from 14 FOIA cases filed between November 19, 2023 and November 25, 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. KHATCHADOURIAN v. CENTRAL INTELLIGENCE AGENCY (filed Nov 24, 2023)
   Raffi Khatchadourian, a writer for the New Yorker, submitted two FOIA requests to the CIA for records. The first request asked for records concerning the International Whaling Commission’s activities between 1977 and 1982. The second request asked for records concerning James Ralph Rose, a deceased military veteran. The agency acknowledged the receipt of both requests but after hearing nothing further from the agency, Khatchadourian filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. AMERICANS FOR FAIR TREATMENT v. UNITED STATES TRANSPORTATION SECURITY ADMINISTRATION (filed Nov 20, 2023)
   Americans for Fair Treatment submitted a FOIA request to the Transportation Security Administration for records concerning former administrator John Pistole’s Determination of February 1, 2011. After hearing nothing further from the agency, AFT filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. SHERSTIUK v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 20, 2023)
   Veronika Sherstuik submitted a FOIA request to the Department of Homeland Security for records concerning her in the possession of U.S. Customs and Border Protection. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sherstuik filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Nov 20, 2023)
   Center for Immigration Studies submitted two FOIA requests to U.S. Citizenship and Immigration Services for records concerning applications for each Special Immigrant Juvenile Status from January 1, 2015 to the present. The agency acknowledged receipt of both requests but after hearing nothing further from the agency, CIS filed suit,
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. CATO INSTITUTE v. U.S. DEPARTMENT OF JUSTICE et al (filed Nov 21, 2023)
   The Cato Institute submitted a FOIA request to the FBI for records concerning Field Office File Plans. The agency acknowledged receipt of the request. The agency told the Cato Institute that its request was too broad to search. The Cato Institute appealed that decision. The Office of Information Policy upheld the denial. The Cato Institute then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
6. OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Nov 21, 2023)
   The Office of the Federal Public Defender, Middle District of Tennessee submitted a FOIA request for records concerning Ricky Allen Fackrell, who had been sentenced to death, as part of its representation of Fackrell’s post-conviction appeal OFPD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, OFPD filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. ROPES & GRAY LLP. v. U.S. SOCIAL SECURITY ADMINISTRATION (filed Nov 22, 2023)
   Ropes & Gray submitted a FOIA request to the Social Security Administration for records concerning the SSA’s collection of race data, and the extent of ALJ bias. The agency acknowledged receipt of the request. After hearing nothing from the agency for three months, Ropes and Gray filed a complaint with the Office of Government Information Services. After hearing nothing further from the agency, Rope and Gray filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. KHATCHADOURIAN v. UNITED STATES DEPARTMENT OF STATE (filed Nov 24, 2023)
   Raffi Khatchadourian, a writer for the New Yorker, submitted two FOIA requests to the Department of State. The first request asked for records concerning nine interagency reports drafted by the U.S. delegation to the International Whaling Commission between 1976 and 1982. The agency acknowledged receipt of the request. After the State Department told him that the estimated date for completion of his request was April 2025, Khatchadourian contacted the Office of Government Information Services for assistance. While OGIS reached out to State to see if it could resolve the problem, no further progress was made. The second request asked for records on two whaling ships that were operating in 1970s. The agency acknowledged receipt of that request but after hearing nothing further about either request, Khatchadourian filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Milliron v. National Archives and Records Administration et al (filed Nov 20, 2023)
   Ryan Milliron submitted eleven FOIA requests to the National Archives and Records Administration, the Defense Department, and the Department of Homeland Security for records concerning a number of unrelated topics. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Milliron filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. Richardson v. Department of Homeland Security et al (filed Nov 21, 2023)
    William Richardson submitted a FOIA request to the Department of Homeland Security for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Richardson filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. Manigaulte v. U.S. Department of Energy (filed Nov 20, 2023)
    John Manigaulte submitted a FOIA request to the Department of Energy for records concerning analog digital meters. He also requested expedited processing because he was disabled. The agency acknowledged receipt of the request. DOE denied Manigaulte’s request for expedited processing. Manigaulte filed an administrative appeal of the denial. After the agency failed to respond, Manigaulte filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Expedited processing, Litigation – Recovery of Costs
12. Scott A. Emerick v. Executive Office for Immigration Review (filed Nov 21, 2023)
    Scott Emerick, an immigration attorney, submitted a FOIA request to the Executive Office for Immigration Review for records concerning his client, Haban Negatmehr’s immigration history. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Emerick filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Lenahan v. United States Department Health and Human Services (filed Nov 21, 2023)
    Hayley Lenahan submitted a FOIA request to the Department of Health and Human Services for records concerning a Request for Proposal No. 75A50122-Q-00018 for acquisition of doxycycline hyclate tablets and amoxicillin trihydrate capsules. The agency acknowledged receipt of the request. The agency told Lenahan that the record she requested was maintained by the Department of Labor, not HHS. Lenahan filed an administrative appeal but after hearing nothing further from the agency, Lenahan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Abissi et al v. United States Citizenship and Immigration Services (filed Nov 21, 2023)
    The Louise Trauma Center, representing a group of asylum seekers filed FOIA requests on behalf of its clients for their assessment to refer reports. Those reports were with a variety of exemption claims and redactions. Louise Trauma Center filed administrative appeals of the denials. Unsatisfied with the agency’s actions, Louise Trauma Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees