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40 new FOIA court documents, plus case descriptions

by on March 11, 2014

We have added 40 documents from 6 FOIA cases filed between March 2, 2014 and March 8, 2014. 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. Alvin v. United States Department of Justice et al. (MAG+) (filed Mar 3, 2014)
    Mistrell Alvin, a federal prisoner incarcerated in Alabama, made a request to the Office of Enforcement Operations at the Justice Department for records of wiretaps involving him. The agency indicated he would need a privacy waiver from two other individuals. He obtained the waivers and sent them to the agency. The agency eventually provided some records but withheld others. Alvin filed an appeal with the Office of Information Policy. Although OIP rejected the appeal as filed too late, Alvin insisted he had filed it within the 60-day time limit. Alvin then filed suit.
    Issues: improper withholding, disclosure of all records, sanctions for arbitrary and capricious behavior, costs under the Privacy Act
  2. Alvin v. United States Department of Justice et al (filed Mar 3, 2014)
    Mistrell Alvin, a federal prisoner incarcerated in Alabama, made a request to the Executive Office for U.S. Attorneys for all records pertaining to wiretap authorizations for himself and two individuals. He also supplied privacy waivers from the two individuals. When he heard nothing further from the agency, he filed suit.
    Issues: injunction to require agency to respond, improper withholding, sanctions, attorneys fees
  3. Plotz v. Drug Enforcement Administration (filed Mar 4, 2014)
    John Plotz submitted a request to the Drug Enforcement Administration for public comments received concerning regulations about ephedrine and pseudoephedrine. Although Plotz had located 154 comments submitted on the subject, the DEA provided none of them in its response, but did provide public comments on three other matters. Names and identifying information were redacted from the public comments under Exemption 6 (invasion of privacy). Plotz filed an appeal, but the agency did not respond. He then filed suit.
    Issues: disclosure of requested records, improper withholding, attorneys fees
  4. Alliance for the Wild Rockies v. U.S. Fish & Wildlife Service (filed Mar 4, 2014)
    The Alliance for the Wild Rockies sent an email request to Region 6 of the U.S. Fish and Wildlife Service for the Endangered Species Act consultations for the Cabin Gulch project in the Helena National Forest. Region 6 acknowledged receipt of the request, but failed to respond within the statutory time limits. The Alliance then filed suit.
    Issues: failure to respond, improper withholding, attorneys fees
  5. SAGI v. U.S. OFFICE OF PERSONNEL MANAGEMENT (filed Mar 4, 2014)
    Daniel Sagi, a retired postal worker, submitted four requests to the Office of Personnel Management in an attempt to understand why the agency had concluded that its original annuity calculation was incorrect and that Sagi was required to repay the alleged overpayment. While the agency acknowledged receipt of Sagis requests, it failed to respond. Sagi then filed suit.
    Issues: improper withholding, immediate disclosure of responsive records, attorneys fees
  6. Chisholm Chisholm & Kilpatrick, LTD v. Shinseki (filed Mar 7, 2014)
    The law firm of Chisholm Chisholm & Kirkpatrick submitted a FOIA request to the Veterans Affairs Regional Office in Newington, CT, for the claims file of their client, Jeffrey Stien. After hearing nothing further, the law firm appealed the denial of the request. The law firm filed another appeal and the VA finally sent back a form letter indicating that it was looking for the file and would respond as soon as possible. The law firm then filed suit.
    Issues: immediate disclosure of requested records, expedited proceedings, attorneys fees


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