BUZZFEED, INC. et al v. FEDERAL BUREAU OF INVESTIGATION and 16 other new FOIA lawsuits, plus case descriptions

We have added 86 documents from 14 FOIA cases filed between November 4, 2018 and November 10, 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. BUZZFEED, INC. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 7, 2018)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the FBI for records concerning the final report and investigation of allegations against Supreme Court nominee Brett Kavanaugh. Leopold also requested expedited processing. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing. The agency told Leopold that his request qualified for unusual circumstances and would take more time to process. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Jobe v. National Transportation Safety Board (filed Nov 6, 2018)
   Tony Jobe submitted FOIA requests to the National Transportation Safety Board for records concerning the investigation of a helicopter accident in Hawaii. The agency disclosed 333 pages, which Jobe contended were non-responsive. The agency withheld 2,349 pages under Exemption 5 (privileges), although it later agreed to review the documents for potential disclosure. The agency also told Jobe that 1,553 pages had not been processed because they originated with other agencies. Jobe filed a complaint with the Office of Government Information Services, but had not heard back from either the agency or OGIS by the time he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 7, 2018)
   Judicial Watch submitted a FOIA request to the FBI for records concerning investigations of former congressional IT staffers Abid Awan, Imran Awan, Jamal Awan, and Hina Alvi. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records. Judicial Watch filed an administrative appeal, which was denied on other grounds. Judicial Watch filed a second more detailed FOIA request with the FBI for records about the investigation of the four former congressional IT staffers. The agency acknowledged receipt of the request but denied the request under Exemption 7 (law enforcement records). Judicial Watch filed an administrative appeal of that decision, which was also denied by the agency. Judicial Watch then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
4. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Nov 7, 2018)
   American Oversight submitted ten FOIA requests to the Department of State for records concerning whether high-ranking officials were targeting career or civil service employees based on their perceived ideological preferences. The agency acknowledged receipt of all ten requests, but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. PROPERTY OF THE PEOPLE, INC. et al v. DEPARTMENT OF HOMELAND SECURITY (filed Nov 7, 2018)
   Property of the People and researcher Ryan Shapiro submitted two FOIA requests to the Secret Service for completed forms and agreements pertaining to compliance with the Presidential Protection Assistance Act. The agency acknowledged receipt of the requests, but declined to process one of them on the basis that it did not reasonably describe the records sought. Property of the People and Shapiro filed an administrative appeal of that decision. After hearing nothing further from the agency, Property of the People and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. DEFENDERS OF WILDLIFE v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Nov 8, 2018)
   Defenders of Wildlife submitted FOIA requests to the Department of the Interior for records concerning potential drilling in the Coastal Plain of the Arctic National Wildlife Refuge. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Defenders of Wildlife filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CONNECTICUT RIVER WATERSHED COUNCIL, INC. (filed Nov 8, 2018)
   The Connecticut River Watershed Council submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning the February 14, 2018 visit by FERC Commissioner Neil Chatterjee to several hydroelectric facilities in Massachusetts. The agency acknowledged receipt of the request and released two documents. The agency said it would release more records on a rolling basis, but after hearing nothing further from the agency, the Council filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Nov 8, 2018)
   American Oversight submitted seven FOIA requests to the Department of State for records concerning the influence of the president and his family’s business interests on State policies and activities. The agency acknowledged receipt of the requests and provided clarification for several requests, but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Chaparro Navarro v. United States Citizenship and Immigration Services (filed Nov 9, 2018)
   Esthefany Chaparro Navarro submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning Forms I-918, Petitions for U Nonimmigrant Status. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Chaparro Navarro filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF EDUCATION (filed Nov 9, 2018)
    American Oversight submitted FOIA requests to the Department of Education concerning the borrower defense rule. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. TRENT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Nov 9, 2018)
    Mathias Trent submitted a FOIA request to the Department of Homeland Security for records concerning an investigation of him by DHS’s San Francisco Division. The agency acknowledged receipt of the request and eventually provided six pages with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Trent filed an administrative appeal of the agency’s decision. After hearing nothing further from the agency, Trent filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. TUNNELL v. U.S. DEPARTMENT OF DEFENSE (filed Nov 9, 2018)
    Harry Tunnell submitted FOIA requests to the Department of Defense for records concerning the 2010 appointment of Stephen Twitty as an investigating officer. The agency acknowledged receipt of the requests and on several occasions asked Tunnell to clarify the scope of the request. Even after clarification, the agency found no records. Tunnell filed administrative appeals of those decision but after hearing nothing further from the agency, Tunnell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Public Interest Fee Waiver
13. Bower v. United States Department of Labor (filed Nov 9, 2018)
    Stephen Bower submitted a FOIA request to the Occupational Safety and Health Administration for records concerning a complaint filed with OSHA by Darla Badger-Topping alleging retaliation by her employer U.S. Xpress, Inc. After hearing nothing further from the agency, Bower filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Withey et al v. Federal Bureau of Investigation (FBI) (filed Nov 9, 2018)
    Michael Withey and Sharon Maeda submitted FOIA requests to the FBI for records concerning Levane Malvison Forsythe, an FBI informant. The agency located 1,276 potentially responsive pages. The FBI disclosed records heavily redacted under Exemption 7(A) (interference with ongoing investigation or proceeding). Withey filed an administrative appeal, which was denied. Withey and Maeda then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 5 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Hudson v. Dept. of Revenue and Finance et al (filed Nov 2, 2018)
2. Qui et al v. Cissna (filed Nov 2, 2018)
3. Burgest v. Freedom of Information Act (filed Oct 29, 2018)