SNYDER v. U.S. DEPARTMENT OF JUSTICE et al and 10 other new FOIA lawsuits

We have added 94 documents from 11 FOIA cases filed between June 10, 2018 and June 16, 2018. 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. SNYDER v. U.S. DEPARTMENT OF JUSTICE et al (filed Jun 12, 2018)
   David Snyder, an attorney representing fired FBI agent Andrew McCabe, filed suit against the Department of Justice, claiming that the Inspector General’s manual and other FBI guidance on investigations were documents that were required to be disclosed under Section (a)(2) pertaining to affirmative disclosure.
   Issues: Affirmative disclosure, Litigation – Attorney’s fees
2. Sierra Club v. United States Environmental Protection Agency (filed Jun 11, 2018)
   The Sierra Club submitted FOIA requests to the EPA for records concerning communications between various EPA employees and third parties, including calendars and travel schedules. The Sierra Club also requested fee waivers. The agency denied the fee waivers and the Sierra Club filed an administrative appeal. The agency provided an interim response to some requests, but after the agency failed to provide any substantive response to its requests, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jun 11, 2018)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the Russian efforts to influence the 2016 election that were provided to either the Senate Foreign Relations Committee or Committee member Sen. Ben Cardin (D-MD). The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. AMERICAN IMMIGRATION LAWYERS ASSOCIATION v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al (filed Jun 11, 2018)
   The American Immigration Lawyers Association submitted two FOIA requests to U.S. Citizenship and Immigration Services for records concerning the affect of wage surveys on the adjudication of H-1B visas. AILA also requested a fee waiver. After hearing nothing further from the agency, AILA filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Risk v. Internal Revenue Service et al (filed Jun 11, 2018)
   Linus Risk submitted a FOIA request to the IRS for records concerning his consent to be subject to the tax laws. After hearing nothing further from the agency, Risk filed suit.
   Issues: Failure to respond within statutory time limit
6. AMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 12, 2018)
   The American Immigration Council submitted a FOIA request to U.S. Customs and Border Protection for records concerning policies for processing non-citizens seeking asylum. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, AIC filed a complaint with the Office of Government Information Services. Based on OGIS’s queries, CBP processed the request and disclosed 16 pages with redactions. AIC filed an administrative appeal of CBP’s decision, but after hearing nothing further from the agency, AIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. FIGUEROA v. DEPARTMENT OF DEFENSE et al (filed Jun 13, 2018)
   Antonio Figueroa submitted a FOIA request to the Department of the Air Force for records from the Puerto Rico National Guard. After hearing nothing further from the agency, Figueroa filed an administrative appeal. After hearing nothing further, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Khan v. United States Department of Defense et al (filed Jun 13, 2018)
   Azmat Khan, an investigative journalist, submitted three FOIA requests to the Department of Defense for records concerning credibility assessments and closure report records for a number of airstrike incidents that took place in Iraq and Syria. Khan also requested a fee waiver and expedited processing. The agency granted Khan’s request for a fee waiver, but denied her request for expedited processing. After hearing nothing further from the agency pertaining to any of her three requests, Khan filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Citizens Commission on Human Rights v. United States Food and Drug Administration (filed Jun 14, 2018)
   The Citizens Commission on Human Rights submitted a FOIA request to the FDA for records concerning communications between the agency and MECTA, a medical device manufacturer of electro-convulsive therapy devices. The FDA acknowledged receipt of the request and one year later asked CCHR if it still wanted the records. CCHR confirmed that it was still interested. After hearing nothing further, CCHR filed an administrative appeal but after hearing nothing further from the agency, CCHR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Muhammad v. Privat et al (filed Jun 15, 2018)
    James Muhammad requested information from Carlos Privat, an attorney for the City of Richmond, for records dating back to 1903. The city failed to respond and Muhammad filed suit. Muhammad may have a cause of action under the California Public Records Act, but not under FOIA.
    Issues: FOIA not mentioned
11. Mabie v. United States Marshals Service et al (filed Jun 15, 2018)
    William Mabie , a state prisoner, submitted a FOIA request to the U.S. Marshals Service for records concerning a video surveillance system in St. Louis. The agency failed to respond and Mabie filed suit.
    Issues: Failure to respond within statutory time limit