Estate of Ashli Babbitt et al v. U.S. Department of Justice and 12 other new FOIA lawsuits, plus case descriptions

We have added 117 documents from 13 FOIA cases filed between January 14, 2024 and January 20, 2024. 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. Estate of Ashli Babbitt et al v. U.S. Department of Justice (filed Jan 17, 2024)
   The Estate of Ashli Babbitt submitted a FOIA request to the Department of Justice for records concerning FBI files on Ashli Babbitt. Aaron Babbitt also submitted a request for his FBI files. The agency acknowledged receipt of the requests. The FBI denied the requests. Aaron Babbitt filed administrative appeals for both requests to the Office of Information Policy. OIP remanded the requests for a search. After hearing nothing further from the agency, the Estate of Ashli Babbitt filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Adequacy – Search
2. CENTER FOR IMMIGRATION STUDIES v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 16, 2024)
   Center for Immigration Studies submitted two FOIA requests to the FBI for records. The first FOIA request asked for records concerning categories of records of each encounter between ports of entry with a person on the Terrorist Screening Dataset. The agency acknowledged receipt of the request. The FBI denied the request because it did not constitute a FOIA request under its FOIA regulations. CIS filed an administrative appeal of the decision. The second request asked for records different categories of records relating to encounters between ports of entry with a person on the Terrorist Dataset. The agency acknowledged receipt of the second request and denied it because it did not constitute a FOIA request under the FBI’s FOIA regulations. CIS filed an administrative appeal of the second FOIA request as well 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
3. CENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 16, 2024)
   Center for Immigration studies submitted two FOIA requests to the Department of Health and Human Services for records. The first request asked for records concerning specified information about the Notice of Concern. The second FOIA request asked for the zip code for each sponsor associated with unaccompanied alien children. CIS also asked for expedited processing. The agency acknowledged receipt of the requests and denied the request for expedited processing. After hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. CENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 16, 2024)
   Center for Immigration Studies submitted a FOIA request to the Department of Health and Human Services for records concerning contracts for six listed contract numbers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. COPT DEFENSE PROPERTIES, L.P. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jan 17, 2024)
   Copt Defense Properties submitted a FOIA request to the Office of the Director of National Security for records concerning the sale of Liberty Crossing Intelligence Campus. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Copt Defense Properties filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. BECKER v. DEPARTMENT OF THE NAVY (filed Jan 18, 2024)
   Navy Lieutenant Craig Becker was convicted in Belgium of killing his wife when she fell out of the window of their apartment. Becker successfully tried to get the U.S. to take jurisdiction over his case. After the Navy took jurisdiction, Becker was court-martialed and convicted. Becker submitted a FOIA request to the Navy for records concerning the agency’s decision to assume jurisdiction of his case. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Becker filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Jan 19, 2024)
   American Oversight submitted four FOIA requests to the Department of State for records concerning communications of Nikki Haley when she was UN Ambassador. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. AMERICAN IMMIGRANT INVESTOR ALLIANCE v. United States Citizenship and Immigration Services (filed Jan 19, 2024)
   American Immigrant Investor Alliance submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning all I-526 and I-526E filings from April 2033 to November 2023. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIIA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. ENERGY AND POLICY INSTITUTE v. DEPARTMENT OF COMMERCE (filed Jan 19, 2024)
   Energy and Policy Institute submitted a FOIA request to the Department of Commerce for records concerning the agency’s Residential Propane Price Analysis from 2011 to the present. The agency acknowledged receipt of the request. The agency told EPI that after searching it could find no responsive records. The agency then told EPI that it would conduct another search. After hearing nothing further from the agency, EPI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. NEVILLE v. SUELZER et al (filed Jan 20, 2024)
    Tina Ann Neville submitted a FOIA request to the Texas Air National Guard for records concerning the results of her EEOC complaint against the Texas Air National Guard. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Neville filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. The Heritage Foundation et al v. U.S. Department of Justice (filed Jan 15, 2024)
    Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning what Special Counsel Weiss relied upon to respond to Congress on the Hunter Biden investigation. The Heritage Foundation requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request because it did not adequately describe records for search purposes. The Heritage Foundation filed an administrative appeal of the denial. The agency denied the appeal. The Heritage Foundation then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
12. SWEIGERT v. BENASSI et al (filed Jan 15, 2024)
    D.G. Sweigert submitted FOIA requests to various federal agencies. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Sweigert filed suit.
    Issues: Failure to respond within statutory time limit
13. NATIONAL COUNCIL FOR INCARCERATED AND FORMERLY INCARCERATED WOMEN AND GIRLS et al v. FEDERAL BUREAU OF PRISONS (filed Jan 16, 2024)
    National Council for Incarcerated Women submitted a FOIA request to the Bureau of Prisons for records concerning the medical history of Shannon Richardson who was requested compassionate release. NCIW also requested expedited processing. The agency acknowledged receipt of the request and denied NCIW’s request for expedited processing. After hearing nothing further from the agency, NCIW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees