Court Decisions

Black Hills Clean Water All. v. U.S. Forest Serv., No. 20-5034, 2024 WL 2060555 (D.S.D. May 8, 2024) (Piersol, J.)

Re:  Requests for records concerning exploratory gold drilling

Disposition:  Awarding plaintiff $208,462.39 in attorney fees

• Attorney Fees, Calculations:  The court relates that “[o]n February 14, 2024, this Court granted Plaintiff[’s] motion for attorney fees after finding that...

Organized Cmtys. Against Deportations v. ICE, No. 21-2519, 2024 WL 2053123 (N.D. Ill. May 8, 2024) (Blakey, J.)

Re:  Request for records concerning ICE’s “Citizens Academy” programs

Disposition:  Granting in part and denying in part defendant’s motion for summary judgment; granting in part and denying in part plaintiff’s motion for summary judgment

• Litigation Considerations, Adequacy of Search...

Hirschfield v. United States, No. 2024-1338, 2024 WL 1953604 (Fed. Cir. May 3, 2024) (per curiam)

Re:  Complaint that several federal, state, and local entities and officials violated the FOIA “during a ‘previous civil case filed in the United States Courts District of Columbia’”

Disposition:  Granting government’s motion for summary affirmance of Court of Federal Claims’ sua sponte dismissal of...

Boundaoui v. FBI, No. 17-4782, 2024 WL 2019532 (N.D. Ill. May 3, 2024) (Durkin, J.)

Re:  Request for records concerning “Operation Vulgar Betrayal” (“OVB”)

Disposition:  Granting in part and denying in part defendant’s motion for partial summary judgment; granting in part and denying in part plaintiff’s motion for partial summary judgment

• Litigation Considerations, In Camera Inspection &...

VRA Enterprises, LLC v. Ctr. for Medicare & Medicaid Servs., No. 23-02474, 2024 WL 1907400 (M.D. Fla. May 1, 2024) (Jung, J.)

Re:  Request for records concerning reimbursement of plaintiff for Covid-19 test kits

Disposition:  Denying defendants’ motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “OIG’s letter did not trigger the...

Esseily v. Hochul, No. 24-2932, 2024 WL 1908320 (S.D.N.Y. May 1, 2024) (Schofield, J.)

Re:  Request for records concerning 1987 robbery

Disposition:  Dismissing plaintiff’s complaint

• Procedural Requirements, Entities Subject to the FOIA:  The court holds that “to the extent Plaintiff seeks police records about the 1987 robbery, the federal FOIA statute, 5 U.S.C. § 552, applies only to federal...

Zynovieva v. U.S. Dep’t of State, No. 23-5120, 2024 WL 1946592 (D.C. Cir. Apr. 30, 2024) (per curium)

Re:  Request for records concerning requester

Disposition:  Granting government’s motion for summary affirmance of district court’s denial of plaintiff’s motion for attorney fees and costs

• Litigation Considerations, Standard of Review; Attorney Fees, Eligibility:  The Court of Appeals for the...

Heritage Found. v. DOJ, No. 23-1148, 2024 WL 1856418 (D.D.C. Apr. 29, 2024) (Boasberg, C.J.)

Re:  Request for records concerning “communications regarding . . . a former Assistant Special Agent in Charge of the FBI’s Washington Field Office, who has (whether fairly or not) come under congressional and media scrutiny over allegations of partisan bias and other misconduct”

Disposition:  Granting...

Henderson Parks, LLC v. BOP, No. 23-13762, 2024 WL 1834150 (N.D. Ill. Apr. 26, 2024) (Cummings, J.)

Re:  Request for records concerning investigation into death of third party

Disposition:  Denying plaintiff’s motion for summary judgment; granting defendant’s motion for summary judgment

• Exemption 7, Threshold:  The court holds that “[i]t is well established that BOP is considered a law...

Accuracy in Media, Inc. v. DOD, No. 14-1589, 2024 WL 1833851 (D.D.C. Apr. 26, 2024) (Alikhan, J.)

Re:  Requests for records concerning September 11, 2012 attacks on U.S. Embassy in Benghazi, Libya

Disposition:  Granting defendant’s motion for summary judgment; denying plaintiffs’ cross-motion for summary judgment

• Exemption 7(A):  “The court concludes that the FD-302s were properly withheld...