FOIA Activity: 133 new FOIA court documents, plus case descriptions

We have added 130 documents from 12 FOIA cases filed between April 5, 2020 and April 11, 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. MURTAGH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 6, 2020)
   James Murtaugh submitted a FOIA request to the Department of Health and Human Service’s Indian Health Service field office in Aberdeen, South Dakota, for records about his time working at the Fort Yates Indian Hospital. The agency acknowledged receipt of the request and the Aberdeen field office responded only with records originally supplied by Murtaugh. Murtaugh then filed an administrative appeal to the HHS Support Center in Rockville. After hearing nothing further from the agency, Murtaugh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MURTAGH v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Apr 6, 2020)
   James Murtaugh submitted a FOIA request to the Central California Healthcare System for records concerning investigations of Murtaugh when he worked at the Fresno VA hospital. CCHS acknowledged receipt of the request and told Murtaugh that it had been forwarded to the Office of the General Counsel at the Department of Veterans Affairs for processing. After hearing nothing further from the VA’s Office of General Counsel, Murtaugh filed an administrative appeal with OGC. In response to Murtaugh’s appeal, the VA told him it had remanded his request to CCHS for processing. After hearing nothing further from the agency Murtaugh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Windom v. Drug Enforcement Administration et al (filed Apr 8, 2020)
   Cameron Windom submitted FOIA requests to the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, and Firearms for records concerning the Guns and Fists Newsletter. After hearing nothing further from the agency Windom filed suit.
   Issues: Failure to respond within statutory time limit
4. NATIONAL COMMUNITY REINVESTMENT COALITION v. OFFICE OF THE COMPTROLLER OF THE CURRENCY et al (filed Apr 8, 2020)
   The National Community Reinvestment Coalition submitted FOIA requests to the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation for records concerning the ongoing Community Reinvestment Act rulemaking. NCRC also requested a fee waiver. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, NCRC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
5. Lotero-Diaz v. U.S. Citizenship and Immigration Services et al (filed Apr 8, 2020)
   Gloria Lotero-Diaz submitted a FOIA request to U.S. Citizenship and Immigration Services for her Alien file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lotero-Diaz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Western Watersheds Project v. US Forest Service (filed Apr 8, 2020)
   Western Watersheds Project submitted three FOIA requests to the U.S. Forest Service for records concerning the Fremont-Winema National Forest in Oregon and the San Juan National Forest in Colorado. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to either request, Western Watersheds Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Matthews v. Executive Office for the United States Attorneys et al (filed Apr 8, 2020)
   Eric Matthews, a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, and other Department of Justice components for records concerning his conviction and incarceration. The agencies failed to respond and Matthews filed suit.
   Issues: Failure to respond within statutory time limit
8. KIDS IN NEED OF DEFENSE v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Apr 9, 2020)
   Kids in Need of Defense submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s new rule that asylum seekers had to have applied for asylum in countries that they had passed through before reaching the United States. KIND also requested expedited processing. The agency acknowledged receipt of the request, rejected KIND’s request for expedited processing, and placed its request on the complex track for processing. After hearing nothing further from the agency, KIND filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Montana Environmental Information Center v. United States Department of Energy (filed Apr 9, 2020)
   The Montana Environmental Information Center submitted a FOIA request to the Department of Energy for records concerning carbon capture sequestration related issues at Colstrip, Montana, coal-fired power plant. MEIC also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked MEIC to clarify the scope of its request. MEIC did so. The agency provided some records but after hearing nothing further from the agency, MEIC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 10, 2020)
    American Oversight submitted FOIA requests to the Department of Health and Human Services and the FDA for records concerning testing directives for SARS. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests and granted American Oversight’s request for expedited processing. After hearing nothing further from the agencies, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Apr 10, 2020)
    American Oversight submitted a FOIA request to the Department of State for records concerning the SF-86 Form prepared for Ambassador Richard Grenell pertaining to his background check and security clearance. The agency acknowledged receipt of the request 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
12. LOUISIANA CAPITAL ASSISTANCE CENTER v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 10, 2020)
    Christine Lehmann, a senior attorney at the Louisiana Capital Assistance Center, who had been appointed to represent Edgar Garcia in his post-conviction appeal of his death sentence, submitted FOIA requests to the FBI, the Drug Enforcement Administration, and the Executive Office of U.S Attorneys for records on Garcia’s prosecution in the Eastern District of Texas. All of the agencies acknowledged receipt of the requests. The FBI disclosed 562 redacted pages and withheld 1,121 pages entirely. Lehmann filed an administrative appeal of the FBI’s decision. The DEA told Lehmann that it found no records. The EOUSA told Lehmann that it had located 222 pages from the Eastern District of Texas. After hearing nothing further from any of the agencies, LCAC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION (filed Apr 4, 2020)