34 new FOIA court documents, plus case descriptions

We have added 30 documents from 5 FOIA cases filed between October 5, 2014 and October 11, 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. Kachmar et al v. Department of Veterans Affairs Central Alabama Veterans Health Care System (filed Oct 8, 2014)
   Kala Kachmar, a reporter for the Montgomery Advertiser, submitted a FOIA request to the Department of Veterans Affairs’ Central Alabama Veterans Health Care System for records concerning the delay in treatment at the facility. CAVHCS acknowledged receipt of the request and explained that it needed clearance from headquarters in Washington to release the requested documents. Kachmar followed up with a letter asking for expedited processing, but despite promises that the records would be released soon, after receiving no records from the agency, Kachmar filed suit.
   Issues: Failure to respond within statutory time limit
2. RUSSELL v. DEPARTMENT OF JUSTICE et al (filed Oct 8, 2014)
   George Russell, who was making a film on computer security, submitted FOIA requests to the Justice Department, Homeland Security, and the National Security Agency for records concerning Andrew Auernheimer, a computer security professional who was prosecuted under the Computer Fraud and Abuse Act. His conviction was overturned by the U.S. Court of Appeals for the Third Circuit. He requested expedited processing and a fee waiver. Although some agency components denied his expedited processing request, Russell had received no substantive response to his requests when he filed suit.
   Issues: Failure to respond within statutory time limit
3. BAKER v. DRUG ENFORCEMENT ADMINISTRATION (filed Oct 8, 2014)
   Mario Baker, a federal prisoner, submitted a FOIA request to the Drug Enforcement Administration for records concerning third parties involved in his conviction. The agency told Baker that it would not process his request without authorization from the third parties. Baker appealed the agency’s decision to the Office of Information Policy, which upheld the agency’s decision. Baker then filed suit.
   Issues: Withholding not related to exemption claims
4. Salomone v. Mills et al (filed Oct 9, 2014)
   William Salomone submitted a FOIA request to the Secret Service for records concerning the whereabouts of President Barack Obama on Sept. 12, 2012. The agency responded by indicating that there were no responsive records. Salomone then sent a letter to the agency asking whether it would provide any responsive information. Salomone then filed suit.
   Issues: Withholding not related to exemption claims
5. San Juan Citizens Alliance, Inc. v. Bureau of Land Management (filed Oct 10, 2014)
   San Juan Citizens Alliance submitted a FOIA request to the Bureau of Land Management for records concerning the revised resource management/environmental assessment plan for Glade Run Recreation Area. Because the organization wanted the records for use in filing public comments, it requested the agency provide the records within 10 working days. The agency contacted SJCA to explain that responding to its request would take more than a year, although if the agency treated SJCA’s request for the revised plan as a separate request, it would take less time. SJCA wanted the agency to provide more details before it agreed, but although there were discussions back and forth, the agency had not responded by the time SJCA filed suit.
   Issues: Failure to respond within statutory time limit

In addition, we have added 4 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Chavez v. McDonald et al (filed Sep 30, 2014)
  Frances Munoz Chavez , a disabled veteran whose Social Security disability claim is pending, submitted a FOIA request to the Department of Veterans Affairs, Cheyenne Regional Benefit Office, for her claims file. After hearing nothing from the Cheyenne office, Chavez appealed to the VA’s General Counsel. After hearing nothing further from that office, Chavez filed suit.
  Issues: Failure to respond within statutory time limit