The New York Times Company v. Department of Defense and 8 other new FOIA lawsuits, plus case descriptions

We have added 30 documents from 6 FOIA cases filed between December 29, 2019 and January 4, 2020. 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. The New York Times Company v. Department of Defense (filed Jan 3, 2020)
   The New York Times submitted a FOIA request to the Department of Defense for records concerning President Trump’s revised set of principles, standards, and procedures for counter-terrorism kill-or-capture operations, replacing President Obama’s guidance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
2. ODMAN v. U.S. DEPARTMENT OF JUSTICE et al (filed Dec 30, 2019)
   Owen Odman, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the grand jury that indicted him. The agency acknowledged receipt of the request and denied it in part. Odman filed an administrative appeal with the Office of Information Policy. OIP affirmed EOUSA’s denial on modified grounds. Odman then filed suit.
   Issues: Litigation – Attorney’s fees
3. Institute for Autism Science et al v. Centers for Disease Control and Prevention (filed Dec 31, 2019)
   The Institute for Autism Science and the Informed Consent Network submitted FOIA requests to the Centers for Disease Control for records supporting the agency’s conclusion that the diphtheria and tetanus vaccine does not cause autism. The agency acknowledged receipt of the requests but after the CDC did not respond, the Institute for Autism Science and the Informed Consent Network filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Andreacchio et al v. Mcallister (filed Jan 2, 2020)
   Todd and Rae Andrecchio filed suit against Ritchie McAllister, the chief administrative officer of Meriden, Mississippi, for invasion of privacy. This is not a FOIA case.
   Issues: FOIA not mentioned
5. MALDONADO v. WOLF et al (filed Jan 3, 2020)
   Julio Cesar Najera Maldonado, who had been detained and was facing deportation to Honduras, submitted a FOIA request to the Executive Office for Immigration Review at the Department of Justice for records concerning his court case in 2005. After hearing nothing further from the agency, Maldonado filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. O'BRIEN v. DEPARTMENT OF JUSTICE (filed Jan 3, 2020)
   William O’Brien, a federal prisoner, submitted three FOIA requests to the FBI for records concerning the Health Care Fraud Task Force pertaining to a specific case number. O’Brien also requested expedited processing. The agency acknowledged receipt of the requests but after it failed to respond to any of his requests, O’Brien filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

1. Lisa Douglass v. Central Intelligence Agency et al (filed Dec 26, 2019)
2. CASE NUMBER NOT USED (filed Dec 25, 2019)
3. BALLOW v. UNITED STATES DEPARTMENT OF STATE (filed Dec 23, 2019)