University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American Civil Liberties Union v. Federal Bureau of Investigation NS-NY-0018
Docket / Court 1:08-cv-03584-VM ( S.D.N.Y. )
State/Territory New York
Case Type(s) National Security
Attorney Organization ACLU Chapters (any)
Case Summary
On April 15, 2008, American Civil Liberties Union (ACLU) filed a complaint in U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA). The plaintiff sought immediate processing and release of the records previously requested from the Federal Bureau of ... read more >
On April 15, 2008, American Civil Liberties Union (ACLU) filed a complaint in U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA). The plaintiff sought immediate processing and release of the records previously requested from the Federal Bureau of Investigation (FBI). The plaintiff alleged that the FBI failed to timely process and produce documents in response to the FOIA request. In addition, the plaintiff alleged that they were entitled to expedited processing of the request and to a waiver or limitation of processing fees.

Specifically, on November 29, 2007, the plaintiff alleged that it submitted the FOIA request to the FBI after the Department of Defense released records to the ACLU in response to a separate FOIA lawsuit that suggested the FBI may be issuing National Security Letters for the military.

The plaintiff sought expedited processing of the request on the grounds that the records were urgently needed by an organization "primarily engaged in disseminating information" in order to "inform the public about actual or alleged Federal Government activity" and because the records related to a "matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence."

On August 18, 2008, the parties stipulated and agreed that defendant will complete its processing of the request and that plaintiff's rights under FOIA to challenge the adequacy of any search would not be affected.

On September 16, 2008, the Court (Judge Victor Marrero) ordered the case to be conditionally discontinued provided in furtherance of the terms of the parties' stipulation and order dated August 18, 2008.

On November 21, 2008, the processing of plaintiffs' FOIA request was completed and documents were released to the plaintiffs by the FBI. Thus, on December 19, 2008, both parties agreed to settle.

Ginny Lee - 02/10/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Reporting
Required disclosure
General
Records Disclosure
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) Federal Bureau of Investigation
Plaintiff Description Plaintiff American Civil Liberties Union is a nationwide, non-profit organization with over 500,000 members dedicated to the constitutional principles of liberty and equality.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Conditional Dismissal
Order Duration 2008 - 2008
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:08-cv-03584-VM (S.D.N.Y.)
NS-NY-0018-9000.pdf | Detail
Date: 12/19/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief [ECF# 1]
NS-NY-0018-0001.pdf | Detail
Date: 04/15/2008
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order [ECF# 11] (S.D.N.Y.)
NS-NY-0018-0002.pdf | Detail
Date: 12/19/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Marrero, Victor (S.D.N.Y.)
NS-NY-0018-0002 | NS-NY-0018-9000
Plaintiff's Lawyers Eisenberg, Arthur (New York)
NS-NY-0018-0001 | NS-NY-0018-0002 | NS-NY-0018-9000
Goodman, Melissa (New York)
NS-NY-0018-0002 | NS-NY-0018-9000
Jaffer, Jameel (New York)
NS-NY-0018-0002 | NS-NY-0018-9000
Tully, L. Danielle (New Jersey)
NS-NY-0018-0001 | NS-NY-0018-0002 | NS-NY-0018-9000
Defendant's Lawyers Turner, Serrin Andrew (New York)
NS-NY-0018-0002 | NS-NY-0018-9000

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