American Civil Liberties Union v. United States Department of Homeland Security
810 F. Supp. 2d 267
D.D.C.2011Background
- ACLU filed a FOIA request to DHS on June 27, 2007 seeking records on deaths of immigrants in ICE custody.
- OIG found serious health-care problems at detention facilities reviewed, creating public urgency to inform the public.
- ACLU sought expedited processing under FOIA § 552(a)(6)(E); DHS referred the request to the OIG and ICE and denied expedited processing.
- ICE granted expedited processing on Nov 15, 2007 after reconsideration; produced 856 pages with redactions in Jan 2008.
- Plaintiff challenged completeness of production and sought Vaughn indexes; ICE refused to provide indexes for non-litigation requests, leading to litigation and multiple rounds of releases and Vaughn indexing through 2009.
- Court proceedings culminated in cross-motions for summary judgment; by Sept 2010 the court ruled on fee awards, finding substantial causation of records release by the litigation and awarding fees after deductions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FOIA fees: whether plaintiff substantially prevailed and is eligible for fees | ACLU substantially prevailed by causing release of records | Some records released administratively, not due to litigation | Yes; litigation substantially caused release, making plaintiff eligible |
| Entitlement: whether plaintiff is entitled to fees under four-factor test | Public benefit and lack of commercial gain support entitlement | Defendants had a reasonable basis in law for withholding some records | Entitled to fees given public benefit outweighs other factors |
| Reasonableness of fee award: lodestar calculation and reductions | Requested hours and rates reasonable given results achieved | Some entries excessive; quarter-hour billing concerns | Award of $215,381.59 after deductions; quarter-hour billing allowed subject to six-minute increments in future; specific excessive entries deducted |
Key Cases Cited
- Fund for Constitutional Gov't v. Nat'l Archives & Records Serv., 656 F.2d 856 (D.C.Cir. 1981) (substantial causation principle for FOIA disclosures in litigation)
- N.Y.C. Apparel F.Z.E. v. U.S. Customs & Border Prot. Bureau, 563 F. Supp. 2d 217 (D.D.C. 2008) (litigation can substantially cause release of records requiring Vaughn indexing)
- Des Moines Register & Tribune Co. v. FBI, 563 F. Supp. 82 (D.D.C. 1983) (Vaughn indexing and litigation-driven production linked to court orders)
- Weisberg v. U.S. Dep't of Justice, 745 F.2d 1476 (D.C.Cir. 1984) (causation and search adequacy considerations in FOIA relief required)
- Church of Scientology of California v. Harris, 653 F.2d 584 (D.C.Cir. 1981) (policy changes can be a factor but litigation is the direct cause of disclosure)