Hay v. Federal Bureau of Investigation and 14 other new FOIA lawsuits, plus case descriptions

We have added 115 documents from 15 FOIA cases filed between January 28, 2024 and February 3, 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. Hay v. Federal Bureau of Investigation (filed Jan 31, 2024)
   Jennifer Hay, an investigative reporter, submitted two FOIA requests to the FBI. Her first request was for records relating to the investigation and indictment of a now deceased individual in the alleged arson of the Planned Parenthood facility in Knoxville, TN. The agency acknowledged receipt of the request but denied the request under Exemption 6 (invasion of privacy) and Exemption 7 (C) (invasion of privacy concerning law enforcement records). Hay filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI’s decision. Hay then filed a second FOIA request for the federal investigation of the alleged arson. This time, the FBI told Hay the records were available in the FBI online Vault. However, even after the agency agreed to disclose the records, Hay still heard nothing from the agency and filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. WHITE v. DEPARTMENT OF JUSTICE (filed Jan 28, 2024)
   David White submitted a FOIA request to the Department of Justice for records concerning complaints or investigations of White, an administrative law judge with the Executive Office of Immigration Review. The agency acknowledged receipt of the request. The agency administratively closed the request. White filed an administrative appeal to the Office of Information Policy. OIP remanded the case for a search. The agency disclosed records but withheld others under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). White filed an administrative appeal challenging the exemption claims. After hearing nothing further from the agency, White filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
3. PROTECT THE PUBLIC'S TRUST v. FARM CREDIT ADMINISTRATION (filed Jan 29, 2024)
   Protect the Public’s Trust submitted a FOIA request to the Farm Credit Administration for records concerning communications about Israel, Palestine, Hamas, and Gaza from and including Lesley Cunningham, Administration Officer. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. INFORMED CONSENT ACTION NETWORK v. NATIONAL CANCER INSTITUTE et al (filed Jan 30, 2024)
   Informed Consent Action Network submitted a FOIA request to Informed Consent Action Network for records concerning email communications between Eric O’Freed and Oliver Schildgen, and emails from O’Freed mentioning Jiang. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (commercial and confidential). ICAN filed an administrative appeal. After hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE et al (filed Jan 31, 2024)
   Citizens United submitted FOIA requests to the Department of State and the Department of Defense for records concerning emails from Special Envoy for Iran Robert Malley and a list of named individuals. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Citizens United filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. BRANTLEY v. U.S. DEPARTMENT OF ARMY (filed Jan 29, 2024)
   Jeffrey Brantley submitted two FOIA requests for records concerning the oath of office for Army Secretary Christine Wormuth. The agency failed to acknowledge receipt of the requests. Brantley filed administrative appeals, but after hearing nothing further from the agency, Brantley filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Recovery of Costs
7. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 2, 2024)
   Heritage Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning three distinct specifications of records concerning the agency’s response to congressional and media inquiries about the origin of COVID-19. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and asked Heritage Foundation for clarification. Heritage Foundation considered the clarification request as a constructive denial and filed an administrative appeal. The agency agreed to conduct a search but after hearing nothing further from the agency, Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 2, 2024)
   Heritage Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning eight distinct specifications relating to calendars and phone of certain HHS employees. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and referred it to NIH for response since all the identified employees worked at NIH. Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. SECURITIES AND EXCHANGE COMMISSION (filed Feb 2, 2024)
   Government Accountability & Oversight submitted a FOIA request to the SEC for records concerning copies of certain described email correspondence one SEC official which included six keywords. The agency acknowledged receipt of the request and granted GAO media status. After hearing nothing further from the agency, GAO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Feb 2, 2024)
    Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning COVID-19 from a list of named employees. The agency acknowledged receipt of the request. The agency told ICAN that it had found 417 responsive pages. The agency released 200 pages in full, 45 pages with redactions, and withheld 172 pages in full. ICAN filed an administrative appeal but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
11. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Feb 2, 2024)
    Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning communications received by Contract Officer Traci Roberts concerning a specified task order. The agency acknowledged receipt of the request. The agency located 957 responsive pages. The agency disclosed 702 pages in full or in part and withheld 255 pages in full. ICAN filed an administrative appeal. After hearing nothing further, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
12. Torp v. United States Office of Management and Budget (filed Jan 29, 2024)
    Richard Torp submitted a FOIA request to the Office of Management and Budget for records concerning the last four completed 83-1 forms for OMB control number 1545-0074. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Torp filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
13. Lain v. U.S. Department of Homeland Security (filed Feb 2, 2024)
    Kim Lain submitted a FOIA request to the Department of Homeland Security for records concerning an Office of Legal Counsel opinion allowing Secretary Alexandro Mayorkas to retain Debevoise & Plimpton as legal counsel for his impeachment proceedings. Lain also requested a fee waiver as a journalist for the Heritage Foundation. DHS acknowledged receipt of the request but after hearing nothing further from the agency, Lain filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Friedman v. United States of America (filed Feb 1, 2024)
    Andrew Todd Friedman for records concerning his claims he had shot at Presidents on three occasions at their inaugurations. After hearing nothing from the agency, Friedman filed suit.
    Issues: Failure to respond within statutory time limit
15. O'BRIEN v. GARLAND (filed Jan 28, 2024)
    Matthew O’Brien, an administrative law judge with the Executive Office of Immigration Review, submitted a FOIA request for records concerning complaints and investigations against him. The Agency acknowledged receipt of the request. The agency closed O’Brien’s request. O’Brien filed an administrative appeal to the Office of Information Policy. OIP remanded the case for a search. The agency disclosed records but withheld others under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). O’Brien filed an administrative appeal of the denial. After hearing nothing further from the agency, O’Brien filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees