KING v. U.S. DEPARTMENT OF HOMELAND SECURITY et al and 22 other new FOIA lawsuits, plus case descriptions
We have added 162 documents from 22 FOIA cases filed between April 12, 2020 and April 18, 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.
- KING v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 16, 2020)
Peter King, a documentary filmmaker, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an audio recording referred to in an August 2003 memo of an informant pertaining to a murder investigation. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records on the basis of Exemption 7(C) (invasion of privacy concerning law enforcement records). King filed an administrative appeal. The agency upheld its initial denial. King then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - Lora v. JFK International Airport U.S. Customs and Border Protections (filed Apr 16, 2020)
Rafael Lora, a federal prisoner, submitted a FOIA request to U.S. Customs and Border Protection for records concerning a package sent by CBP to Lora. After hearing nothing further from the agency, Lora filed suit.
Issues: Failure to respond within statutory time limit - Cohodes v United States Department of Justice (filed Apr 13, 2020)
Marc Cohodes submitted three FOIA requests to the Department of Justice for records concerning communications to DOJ, particularly the U.S. Attorney’s Office for the Southern District of New York, from Sen. Johnny Isakson or his staff, concerning Cohodes, MiMeds, or Parker Petit. The agency acknowledged receipt of the requests. The FBI provided some previously disclosed records in response to one of his requests. Cohodes filed administrative appeals after the agency failed to respond. After hearing nothing further from the agencies, Cohodes filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - MAURIZI v. UNITED STATES DEPARTMENT OF STATE (filed Apr 13, 2020)
Stefania Maurizi, an Italian journalist, submitted a FOIA request to the Department of State for records concerning Julian Assange. She also requested expedited processing. The agency acknowledged receipt of her request and denied her request for expedited processing and told her that her request qualified for unusual circumstances. After hearing nothing further from the agency, Maurizi filed suit.
Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Rapoport Weisberg & Sims, P.C. v. U.S. Chemical Safety and Hazard Investigation Board (filed Apr 13, 2020)
The law firm of Rappaport Weisberg & Sims submitted a FOIA request to the U.S. Chemical Safety and Hazard Investigation Board for records concerning the agency’s 2018 investigation into an explosion at the Superior Refining Company in Superior, Wisconsin. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). RWS filed an administrative appeal of the agency denial. The agency’s denial was upheld on appeal. RWS then filed suit.
Issues: Litigation – Attorney’s fees, Litigation – In camera review - Centro de Trabajadores Unidos v. United States Immigration and Customs Enforcement (filed Apr 13, 2020)
Centro de Trabajadores Unidos submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning I-9 audits in Illinois and policy and operational documents related to such audits. The agency acknowledged receipt of the request and indicated that it intended to classify CTU as a commercial requester. CTU informed the agency that it was not a commercial requester and asked for a fee waiver instead. After hearing nothing further from the agency, CTU filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - National Public Radio, Inc. et al v. U.S. Marines et al (filed Apr 14, 2020)
National Public Radio reporter Eric Westervelt submitted a FOIA request to the U.S. Marines Corps for records concerning the JAGMAN investigation. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request. The agency told Westervelt that it could not locate any responsive records. Westervelt filed an administrative appeal which was denied. Westervelt then filed suit.
Issues: Litigation – Attorney’s fees - CITIZENS UNITED et al v. U.S. DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL (filed Apr 14, 2020)
Citizens United and the Daily Caller News Foundation submitted a FOIA request to the Department of Justice’s Office of the Inspector General for records concerning the OIG’s investigation of the FBI’s Crossfire Hurricane investigation, including FBI 302s generated as part of the investigation that included James Comey, Loretta Lynch, and a number of other interview subjects. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United and the Daily Caller News Foundation filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - PUBLIC CITIZEN, INC. v. U.S. DEPARTMENT OF LABOR (filed Apr 14, 2020)
Public Citizen submitted a FOIA request to the Department of Labor for records concerning communications between agency employees and outside entities or organizations (excluding the Justice Department) regarding supplemental prevailing wage determinations issued by DOL’s National Prevailing Wage Center in 2013. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and suggested that Public Citizen narrow the scope of its request to allow for more expeditious processing. Public Citizens declined to narrow its request. After hearing nothing further from the agency, Public Citizen filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - Hill et al v. Homeland Security et al (filed Apr 14, 2020)
Kenneth Hill and a number of other individuals submitted FOIA requests to the Department of Homeland Security for records concerning all contracts with GEO for the operation of a facility for U.S. Immigration and Customs Enforcement in Jena, Louisiana. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Hill and the others filed suit.
Issues: Failure to respond within statutory time limit - PARRISH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 14, 2020)
Debra Parrish submitted a FOIA request to the Department of Health and Human Services for records for records concerning a training session conducted by Stanley Osborne, an administrative law judge for the Office of Medicare Hearings and Appeals, before whom Parrish sometimes appeared as an attorney. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Parrish filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LAFAYETTE MEDIA GROUP, LLC et al v. DEPARTMENT OF DEFENSE (filed Apr 15, 2020)
The Lafayette Media Group, a veterans-focused digital media company, submitted a FOIA request to the Department of the Navy for records concerning emails sent to Capt. Brett Crozier between March 25 and April 2, 2020. Several days later, Lafayette Media Group clarified the scope of its request. Lafayette Media Group also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lafayette Media Group filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - O’Brien v. Department of Defense et al (filed Apr 15, 2020)
On behalf of her husband, Brett O’Brien, Mrs. O’Brien submitted a FOIA request to the Department of Defense for records concerning the agency’s policy on separating from a military service before the end of the enlistment was up. The agency acknowledged receipt of the request and provided a fee estimate of $20,000. When Mrs. O’Brien balked at the cost, she agreed to pay up to $200. The agency told her that her $200 limit was nearly used up. After the agency failed to respond, O’Brien filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Apr 16, 2020)
Cause of Action Institute submitted a FOIA request to the Department of Veterans Affairs for records concerning email communications and reports pertaining to the Pilot Study Contract. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the request. The agency subsequently told Cause of Action Institute that its Office of Acquisition and Logistics had conducted a search and found no responsive records, but that the request had been transferred to the Veterans Health Administration for a final response. VHA acknowledged receipt of the request but after hearing nothing further from the agency Cause of Action Institute filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - HUMAN RIGHTS WATCH v. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 16, 2020)
Human Rights Watch submitted FOIA requests in 2017 and 2018 to the Department of Homeland Security for records concerning 700 Eritrean nationals subject to removal that were mentioned in a September 13, 2017 press release. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, HRW filed an administrative appeal. After hearing nothing further, HRW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - The New York Times Company v. Department of Health and Human Services (filed Apr 16, 2020)
The New York Times submitted a FOIA request to the Department of Health and Human Services for records concerning reports produced by Integritas Creative Solutions investigators regarding Stanley Weber Parker. The Times also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Arledge v. Executive Office Of The United States Attorneys (filed Apr 16, 2020)
Richard Arledge, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning a subpoena issued to Wachovia Bank date 2/13/2008 in the case titled U.S. District Court of Texas v. Cecil Coleman. The agency did not respond to Arledge’s request. Arledge then submitted a FOIA request to the Criminal Division of the Justice Department for records concerning a case brought by the IRS. The Criminal Division referred the request to the IRS and closed it administratively. Arledge sent an identical request to EOUSA. After hearing nothing pertaining to that request, Arledge requested mediation. After hearing noting further from the agency, Arledge filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Alredge v. Executive Office Of The United States Attorneys (filed Apr 16, 2020)
Richard Arledge submitted a FOIA request to the Executive Office of U.S. Attorneys for records concerning the appointment of Assistant U.S Attorneys in the Eastern District of Texas in 2015. The agency acknowledged receipt of the request. The agency provided Oath of Office records for several AUSAs. After hearing nothing further from the agency, Arledge filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jenkins v. United States Department of Justice (filed Apr 16, 2020)
Janet Jenkins submitted a FOIA request to the Department of Justice for records produced in discovery in the case United States v. Timothy Miller. The agency acknowledged receipt of the request and told Jenkins that it was put in the complex track for processing. After hearing nothing further from the agency, Jenkins filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - MARTINEZ v. U.S. MARSHALS SERVICE et al (filed Apr 17, 2020)
Freddy Martinez, a journalist, submitted a FOIA request to U.S. Marshals Service for records concerning agency staff participation in an Anti-Defamation League National Counter-Terrorism Seminar in Israel. Six months after he submitted the request, the agency told Martinez that it could not find his request. Two months after that, the agency finally acknowledged receipt of the request. After hearing nothing further from the agency Martinez filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. CENTRAL INTELLIGENCE AGENCY et al (filed Apr 17, 2020)
American Oversight submitted FOIA requests to the CIA and the National Security Agency for records concerning any guidance from the White House directing either agency not to provide records to the House Intelligence Committee or any congressional committee. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR MEDIA AND DEMOCRACY v. INTERNAL REVENUE SERVICE (filed Apr 17, 2020)
Center for Media and Democracy submitted a FOIA request to the IRS for records concerning Form 990s submitted by 18 non-profit organizations. The agency acknowledged receipt of the request. After hearing nothing from the agency, CMD filed an administrative appeal. After still hearing nothing further from the agency, CMD filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.
- TAYLOR v. KREBS et al (filed Apr 7, 2020)
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