50 new FOIA court documents, plus case descriptions

We have added 50 documents from 9 FOIA cases filed between August 17, 2014 and August 23, 2014. 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. CAUSE OF ACTION v. INTERNAL REVENUE SERVICE et al (filed Aug 18, 2014)
   Cause of Action submitted FOIA requests to multiple cabinet agencies for records concerning any referrals to the White House by agencies pursuant to a 2009 memo from former White House General Counsel Greg Craig requiring agencies to consult the White House when records involved “White House equities.” When none of the agencies had yet responded months after the request was received, Cause of Action filed suit against all the agencies that had received the request.
   Issues: require agencies to make final determination, disclosure of responsive records within 30 days of court order, attorney’s fees
2. Western Watersheds Project v. Moseley, et al. (filed Aug 18, 2014)
   Western Watersheds Project requested permission to inspect copies of Allotment Management Plans at the U.S. Forest Service office at Lincoln National Forest. The agency told the organization that there would be a fee to cover the hourly costs of a staff member to monitor their inspection of the records. Western Watersheds Project pointed out that agency FOIA regulations prohibited charging a fee for inspecting records and appealed the agency’s decision. The agency then closed their FOIA request. Western Watersheds Project filed suit.
   Issues: prohibit agency from charging fees for inspection, promptly make records available, attorney’s fees
3. GOMEZ et al v. US DEPARTMENT OF JUSTICE (filed Aug 19, 2014)
   Patrick Lawrence Gomez, a retired officer of the Los Angeles Sheriff’s Department, submitted a FOIA request to the FBI jointly with Judicial Watch for records of threats or investigations of threats to Gomez and his family. Gomez also asked for his records under the Privacy Act. The agency denied the request, claiming the records were protected by Exemption 7(A) (ongoing investigation or proceeding). Gomez and Judicial Watch appealed the denial, which was upheld. They then filed suit.
   Issues: conduct adequate search, disclosure of records by date certain, production of Vaughn index, attorney’s fees
4. Henson v. Department of Health and Human Services et al (filed Aug 19, 2014)
   Donald Henson, a former FDA field investigator, made numerous requests to the FDA for records concerning an insulin pump manufactured by Meditronic MiniMed that Henson believed had serious deficiencies. After reviewing the agency’s public files on the device, Henson ended up with 17 FOIA requests for information concerning the pre-market approval application for the device. Although he had submitted the requests individually and considered them separate requests, the agency apparently aggregated many of them for appeals purposes. Henson eventually received 7,000 pages of a possible 178,000 pages. He requested help from the agency’s Public Liaison, but was unsatisfied with the response that his requests were still being processed. He then filed suit.
   Issues: improper withholding, require agency to process requests individually by date of receipt, finding that Public Liaison acted improperly, improper aggregation of requests, production of Vaughn index within 30 days of court order
5. RYAN v. FEDERAL BUREAU OF INVESTIGATION et al (filed Aug 20, 2014)
   Alireza Shishechi emigrated from Iran in 1976. He became a naturalized citizen and legally changed his name to Cina Ryan in 1986. Although he felt he was being watched, Ryan decided to visit his family in Iran in 2009 and bought a round-trip ticket from Miami to London to Tehran. When he arrived in London, he was detained and subsequently deported to the United States. Several years later, after failing to find an attorney willing to pursue his case, Ryan submitted a FOIA request to the FBI for his records. The agency said it could find no records and that it could neither confirm nor deny that he was on a government watch list. He appealed the denial to the Office of Information Policy, which upheld the FBI’s decision. Ryan then filed suit.
   Issues: disclosure of records
6. MARTIN EDWARDS & ASSOCIATES, LLC v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 21, 2014)
   Martin Edwards & Associates submitted a FOIA request to NIH for records concerning a contract to provide security services and information pertaining to allegations against the company. NIH acknowledged receipt of the request, but after hearing nothing further from the agency, the company appealed. After hearing nothing concerning its appeal, the company filed suit.
   Issues: improper withholding, disclosure of records, attorney’s fees
7. FREEDOM WATCH, INC. v. NATIONAL SECURITY AGENCY et al (filed Aug 21, 2014)
   Freedom Watch submitted a FOIA request to the National Security Agency, the CIA, and the Defense Department for records concerning the shooting down of Extortion 17, resulting in the deaths of 30 U.S. soldiers. Freedom Watch also requested information pertaining to a congressional hearing on Feb. 27, 2014, particularly records concerning Larry Klayman, Chairman and General Counsel of Freedom Watch. After receiving nothing substantive from the agencies, Freedom Watch filed suit.
   Issues: conduct adequate search, disclosure of records by date certain, production of Vaughn index, attorney’s fees
8. v. American Civil Liberties Union of San Diego and Imperial Counties et al (filed Aug 22, 2014)
   The ACLU of San Diego and Imperial County submitted two FOIA requests to U.S. Customs and Border Protection through the FOIA Online portal. The first request was for statistics on the number of individuals removed because of expedited removal or voluntary return, the number of individuals referred because of asylum fraud or illegal entry, and the number of individuals referred to an asylum officer because of credible fear. The second request asked for legal memoranda, policy and guidelines regarding expedited removal and voluntary return. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: grant expedited processing, conduct adequate search, waive or limit fees, prompt disclosure of records, attorney’s fees
9. Tempest v. National Energy Technology Laboratory et al (filed Aug 22, 2014)
   Rone Tempest, a reporter for WyoFile.com, submitted a FOIA request to the National Energy Technology Laboratory for records related to the 2012 suspension of 2009 and 2010 federal stimulus grants made to the North American Power Group by NETL. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Tempest appealed and the agency upheld its original decision. Tempest then filed suit.
   Issues: disclosure of records, expedited proceedings, attorney’s fees