Skip to content

Case Detail

[Subscribe to updates]
Case TitlePROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02317
Date Filed2023-08-10
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPROJECT ON GOVERNMENT OVERSIGHT, INC.
Case DescriptionProject on Government Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning the U.S. Border Patrol's critical incident team report on the death of Claudia Patricia Gomez Gonzalez by a U.S. Border Patrol agent. POGO also requested a fee waiver and inclusion in the media fee category. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). POGO filed an administrative appeal. CBP told POGO that Exemption 7(A) was being claimed for records related to CBP's own internal investigation of shooting and agreed to allow a search for records on Gomez Conzalez's death. POGO heard nothing further from the agency. POGO's second FOIA request was for records concerning the 2010 death of Anastasio Hernandez Rojas. POGO also requested a fee waiver and inclusion in the media fee category. The agency acknowledged receipt of the request. The agency denied records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods or techniques). POGO filed an administrative appeal of that denial but heard nothing further from the agency. POGO's third FOIA request was for records concerning all versions of CBP's Use of Force Incident Guide. POGO also requested a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit for all three requests.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2023-08-101COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10267563) filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Dep't of Homeland Sec., # 4 Summons U.S. Attorney for D.C.)(Weismann, Anne) (Entered: 08/10/2023)
2023-08-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT ON GOVERNMENT OVERSIGHT, INC. (Weismann, Anne) (Entered: 08/10/2023)
2023-08-10Case Assigned to Judge Randolph D. Moss. (zljn) (Entered: 08/10/2023)
2023-08-103SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 08/10/2023)
2023-08-114STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/11/2023. (lcrdm3) (Entered: 08/11/2023)
2023-08-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/14/23. (Weismann, Anne) (Entered: 08/24/2023)
2023-08-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 8/14/2023 (Weismann, Anne) (Entered: 08/24/2023)
2023-08-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/16/2023. (Weismann, Anne) (Entered: 08/24/2023)
2023-09-128NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Oblea, Erika) (Entered: 09/12/2023)
2023-09-129Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 09/12/2023)
2023-09-15MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to the complaint in this matter on or before October 18, 2023. Signed by Judge Randolph D. Moss on 09/15/2023. (lcrdm3) (Entered: 09/15/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar