Sharpe v. United States Naval Academy and 3 other new FOIA lawsuits, plus case descriptions

We have added 23 documents from 4 FOIA cases filed between December 24, 2023 and December 30, 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. Sharpe v. United States Naval Academy (filed Dec 29, 2023)
   John Sharpe, a retired Navy officer now working as a paralegal, submitted five FOIA requests to the U.S. Naval Academy for records on behalf of midshipmen at the Naval Academy facing adverse honor and conduct proceedings. The agency acknowledged receipt of the requests. The agency provided responsive records but the law firm filed an administrative appeal claiming the search was inadequate. Sharpe ultimately filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search
2. JUDICIAL WATCH, INC. v. DEPARTMENT OF DEFENSE (filed Dec 28, 2023)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning communications with Kathy Chung, Deputy Director of Protocol, concerning the Penn Biden Center. 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
3. HOLLAND LAW FIRM et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Dec 29, 2023)
   The Holland Law Firm and the Lanier Law Firm submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning current and projected staffing for the Benefits & Recovery Center. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firms filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Kuzma v. U.S. Department of Justice (filed Dec 26, 2023)
   Michael Kuzma, an attorney, submitted a FOIA request to the FBI for records concerning Alison and Arthur Krause. The agency acknowledged receipt of the request. After the agency told Kuzma that his request was in the backlog of unassigned FOIA requests, Kuzma filed an administrative appeal. The agency told him it would not process his appeal because it had not yet made an adverse decision. After hearing nothing further from the agency, Kuzma filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees