111 results for 'nos:"Freedom of Information Act (FOIA) - Other Suits"'.
J. Pechman grants summary judgment to the intelligence agency for the veteran's claim that the intelligence agency, non-listed Central Intelligence Agency, non-listed Defense Intelligence Agency and non-listed Department of Defense must turn over all records related to a 1967 incident in which Israeli forces attacked a U.S. naval intelligence ship in international waters, killing 34 and wounding 173 during the Six-Day War. The intelligence agency and others properly withheld records under the Freedom of Information Act, as the redacted information contains intelligence methods and sources, and there is an available index that allows the veteran to understand the basis of why this information is redacted.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: July 31, 2023, Case #: 2:20cv1309, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Maritime
J. Casper partially allows an advocacy clinic’s motion for summary judgment against government agencies for violating the Freedom of Information Act by failing to adequately find and provide records of ICE's use of solitary confinement in immigration detention centers, and partially allows the government agencies’ motion for summary judgment as well. Unverified first impression observations are not considered deliberative and therefore don’t have deliberative process privilege. However, some of ICE’s records cannot be publicized without causing security risks.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 21, 2023, Case #: 1:21cv12030, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record
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J. Boasberg awards $111,000 in attorney fees to an individual following her Freedom of Information Act case against the Army for records related to its mental-fitness questionnaire for soldiers. Although she substantially prevailed on her claims, her requested fees are reduced, in part, for her failure to prevail during certain phases of the case.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: July 5, 2023, Case #: 1:21cv1670, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Attorney Fees
[Consolidated.] J. Chasanow grants the Department of Justice its motion for summary judgment in two suits against it brought by the lawyer of a man convicted of crimes related to child pornography as the lawyer is seeking certain records under the Freedom of Information Act. A third, related suit seeks the same from the Department of Homeland Security and Immigration and Customs Enforcement. In both cases, the lawyer has not produced evidence of bad faith on the part of either the DOJ or DHS and the DOJ has done everything in its power to provide access to requested information and is granted its motion. However, DHS and ICE have not shown that the lawyer was required to exhaust any administrative remedies, so its request for summary judgment is partially denied.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 5, 2023, Case #: 8:21cv1130, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Government
J. Chuang grants the National Security Agency its motion for summary judgment following the request for the disclosure of records under the Freedom of Information Act. The petitioner traveled to “a hostile foreign country” in 1996 as an employee of the NSA, and he and a coworker both developed a rare form of Parkinson's disease 10 years later. The NSA claims to have no evidence of whether or not the petitioner was exposed to a weapon designed to emit continuous microwaves in enemy living quarters, thereby potentially “causing numerous physical effects, including a damaged nervous system.” However, the NSA has properly classified the requested information because revealing it could threaten national security.
Court: USDC Maryland, Judge: Chuang, Filed On: June 26, 2023, Case #: 8:22cv153, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Agency, Military
J. Chun denies summary judgment to the U.S. Department of Justice for the nonprofit organization's claim that the department improperly invoked exemption 6 in redacting the alleged tortfeasors’ names who are Drug Enforcement Administration employees, which relates to the nonprofit's FOIA request seeking disclosure of records of “all litigation against the [DEA] and/or its employees or agents where the [DEA] and/or its insurers paid $1,000 or more to resolve claims.” Revealing the alleged tortfeasors' names would not constitute an unwarranted invasion of personal privacy when weighed against the significant interests favoring disclosure.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 22, 2023, Case #: 2:20cv674, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record, Discovery
J. Cobb denies in part the US Army Corps of Engineers' motion for summary judgment regarding an environmental group's allegations that it failed to adequately respond to four FOIA requests. The dispute relates to the "operation and maintenance of two dams on the Yuba River and the impact of those dams on several fish species that are protected by the Endangered Species Act." The Corps failed to articulate what harm it might suffer from disclosing the records it withheld. The Corps are ordered to produce those materials.
Court: USDC District of Columbia, Judge: Cobb, Filed On: June 21, 2023, Case #: 1:16cv2327, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Environment, Public Record
J. Liman finds in favor of the FAA in an action brought by the air traffic controller arising after the FAA withheld records under FOIA exemptions. The records were related to the FAA's decision to realign responsibility for the Newark sector airspace from the New York Terminal Radar Approach Control Facility to the Philadelphia Air Traffic Control Tower due to staffing shortfalls. The air traffic controller also requested records related to communications between the FAA and the NATCA labor union. The FAA established that the information which was withheld is commercial or financial in nature and that disclosure of the NATCA's proposals and negotiating positions would cause foreseeable commercial harm and undermine the union's future collective bargaining efforts. The air traffic controller failed to exhaust his administrative remedies in challenging the withholdings and therefore cannot claim that the FAA's search was inadequate. Evidence shows that the search was adequate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: June 2, 2023, Case #: 1:22cv44, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Aviation