DUDA v. UNITED STATES DEPARTMENT OF JUSTICE et al and 14 other new FOIA lawsuits, plus case descriptions

We have added 121 documents from 15 FOIA cases filed between April 7, 2024 and April 13, 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. DUDA v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 12, 2024)
   Kelly Duda, a journalist, submitted a FOIA request to the FBI for records concerning audio records of two individuals involved in the killing if Emmet Till. The agency acknowledged receipt of the request but after hearing nothing further from the FBI, Duda filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Adequacy – Search
2. ABISSI et al v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Apr 8, 2024)
   Tagba Abissi, Aye Khine, Rica Gatore, Mamadou Badiane, Louise Trauma Center, and the Free Burma Society submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning the denial of portions of asylum assessment referrals using the deliberative process privilege without reference to the foreseeable harm standard. The agency acknowledged receipt of the requests but after the agency failed to explain the applicability of the deliberative process privilege, Abissi and the other plaintiffs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MORELLO v. TRANSPORTATION SECURITY ADMINISTRATION (filed Apr 8, 2024)
   Breanna Morello, an investigative journalist, submitted two FOIA requests to the Transportation Security Administration for records concerning procedures for handling undocumented migrants. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Morello filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. BUDGE v. DEPARTMENT OF THE ARMY (filed Apr 8, 2024)
   Brandon Budge submitted a FOIA request to the Department of Army for records of an investigation into the conduct of the 16th Combat Aviation Brigade leadership. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Budge filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Apr 8, 2024)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning emails from three CDC officials containing the terms “vaccine” and “COVID-19.” The agency acknowledged receipt of the request. The agency asked ICAN to narrow the scope of its request. ICAN responded to the request to narrow the scope of its requests but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. HERITAGE FOUNDATION et al v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Apr 9, 2024)
   Heritage Foundation submitted a FOIA request to the SEC for records concerning SEC v. Digital Licensing in the possession of SEC officials. Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. O'BRIEN v. DEPARTMENT OF VETERANS AFFAIRS (filed Apr 10, 2024)
   Brett O’Brien submitted a FOIA request to the Department of Veterans Affairs for records concerning the denial of veterans’ benefits. The agency acknowledged receipt of the request. O’Brien filed an administrative appeal. After hearing nothing further from the agency, O’Brien filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Apr 10, 2024)
   Informed Consent Action Network submitted a FOIA request to the NIH for records concerning emails between individuals during a specified time period and with specified keywords. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
9. INFORMED CONSENT ACTION NETWORK v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Apr 10, 2024)
   Informed Consent Action Network submitted a FOIA request to the Federal Reserve for records concerning emails from Lael Brainard from January 1, 2020 to July 12, 2020 wit specific keywords. The agency acknowledged receipt of the request. After hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Apr 11, 2024)
    Judicial Watch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning damage assessments and equity reviews performed by ODNI related to classified information improperly moved by Joe Biden. 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
11. RIGSBY v. DEPARTMENT OF TREASURY (filed Apr 11, 2024)
    Mark Rigsby submitted a FOIA request to the Department of Treasury for records concerning written communications between the Office Foreign Assets Control and Polish Security Printing Works regarding PSPW’s agreement to print Afghan money on behalf of Da Afghanistan Bank. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rigby filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. DEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC. v. US DEPARTMENT OF EDUCATION (filed Apr 11, 2024)
    Defense and Freedom Institute for Policy studies submitted two FOIA requests to the Department of Education for records concerning ethics issues involving a DOE attorney. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, DFI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. INFORMED CONSENT ACTION NETWORK v. OFFICE OF MANAGEMENT AND BUDGET (filed Apr 12, 2024)
    Informed Consent Action Network submitted a FOIA request to OMB for records concerning emails sent on or after January 2020 the terms “@facebook.com” and “misinformation.” The agency acknowledged receipt of the request. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. INFORMED CONSENT ACTION NETWORK v. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al (filed Apr 12, 2024)
    Informed Consent Action Network submitted a FOIA request to Health Resources and Services Administration for records concerning members of the qualified independent panel tasked with reexamining countermeasures injury compensation program initial determination. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
15. Coates v. Federal Bureau of Investigation (F.B.I.) (filed Apr 10, 2024)
    James Coates submitted a FOIA request to the FBI. After hearing nothing further from the agency, Coates filed suit.
    Issues: Failure to respond within statutory time limit