Immigrant Legal Defense v. Department of Homeland Security et al and 14 other new FOIA lawsuits

We have added 106 documents from 15 FOIA cases filed between June 9, 2024 and June 15, 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. Immigrant Legal Defense v. Department of Homeland Security et al (filed Jun 12, 2024)
   Immigrant Legal Defense submitted a FOIA request to the Department of Homeland Security for records concerning a data breach that had occurred exposing the information of detainees. ILD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ILD filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Jackson v. U.S. Internal Revenue Service (filed Jun 14, 2024)
   Sidney Jackson submitted a FOIA request to the IRS for records on behalf of Econfina Corp. for the company’s tax returns. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jackson filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 10, 2024)
   Judicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning emails and text messages to and from ATF officials regarding Little Rock resident Bryan Malinowski, who died in an ATF raid on March 19, 2024. The agency acknowledged receipt of the request. The agency disclosed 55 pages with redactions. Judicial Watch filed an administrative appeal of the redactions. 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
4. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF THE INTERIOR (filed Jun 10, 2024)
   Protect the Public’s Trust submitted a FOIA request to the Department of Interior for records concerning communications between Secretary Deb Haaland and staff concerning editorials discussing voting rights. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT 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 Jun 10, 2024)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records in the custody of Frank DeStafano containing the term Plotkin. The agency acknowledged receipt of the request. The agency located 112 pages and withheld 110 pages under Exemption 5 (privileges). ICAN filed an administrative appeal. 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jun 12, 2024)
   Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning an incident at Andrews AFB where an agent got into an altercation with a colleague. The agency acknowledged receipt of the request. The agency withheld the records entirely under Exemption 6 (invasion of privacy). Judicial Watch filed an administrative appeal 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
7. ACCOUNTABILITY FBI, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 12, 2024)
   Accountability FBI submitted three FOIA requests to the FBI for records. The first request concerned the suspension of the security clearance for Wade Stuart Alexander. The second request concerned records about Evangelo Actipis. The third request concerned a list of FBI investigative classifications. The agency acknowledged receipt of all three requests. After hearing nothing further from the FBI, Accountability FBI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Jun 13, 2024)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning opinions for the Office of Legal Counsel dealing with Section 3 of the Fourteenth Amendment. CREW requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. TOBIAS v. NATIONAL INSTITUTES OF HEALTH et al (filed Jun 13, 2024)
   Journalist Jimmy Tobias submitted FOIA requests to the National Institute of Health concerning a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Jun 14, 2024)
    Functional Government Initiative submitted five FOIA requests to the EPA for records concerning a variety of topics. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. HUNTLEY v. UNITED STATES DEPARTMENT OF LABOR (filed Jun 14, 2024)
    Chad Huntley, an electrical engineer with the Mine Safety and Health Administration, submitted a FOIA request to the Department of Labor for records concerning himself. The agency acknowledged receipt of the request. The agency asked Huntley to provide proof of authentication. Huntley did so, but after hearing nothing further from the agency, Huntley filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. KAKHABRISHVILI v. U.S. CUSTOMS & BORDER PROTECTION (filed Jun 14, 2024)
    Zurab Kakhabrishvili submitted a FOIA request to U.S. Customs and Border Protection for records concerning about CBP interactions with him at ports of entry. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Kakhabrishvili filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. ROBERTSON v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) (filed Jun 14, 2024)
    Christopher Robertson submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning disparities in urology and gynecological surgery relative values units. The agency acknowledged receipt of the request. The agency told Robertson that it could find no responsive records. Robertson then filed a second FOIA request for records related to his first FOIA request. The second request yielded 15 responsive pages, with redactions on four pages. Robertson filed administrative appeals for both requests but after hearing nothing further from the agency, he filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Wohl v. United States Department of Education (filed Jun 11, 2024)
    Alison Wohl submitted a FOIA request to the Department of Education for records concerning fraudulent student loans that were taken out in her name at various colleges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wohl filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. Santos v. U.S. Citizenship and Immigration Services (filed Jun 10, 2024)
    Luis Santos submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the denial of his application to adjust his status. The agency acknowledged receipt of the request. The agency disclosed Santos’ records but told him that it did not have the specific record he requested. Santos filed an administrative appeal. The agency affirmed its decision. Santos then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees