Filed Date: July 10, 2017
Closed Date: 2017
Clearinghouse coding complete
On July 10, 2017, Public Citizen filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Department of the Army (Army) under the Privacy Act and, in the alternative, the Administrative Procedure Act. Public Citizen, represented by the Public Citizen Litigation Group, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was first assigned to Judge Colleen Kollar-Kotelly but was then randomly assigned to Judge Royce C. Lamberth on July 19, 2017.
Public Citizen filed this lawsuit to enjoin what it believed to be ongoing and imminent violations of the Privacy Act. The Privacy Act prohibits any agency from collecting, using, maintaining, or disseminating records describing how any individual exercises rights guaranteed by the First Amendment. Public Citizen was concerned that many states would soon submit protected information to the Army as requested by the Vice Chair of the Presidential Advisory Commission on Election Integrity, a temporary commission established on May 11, 2017, by President Donald Trump's executive order 13799. Public Citizen claimed that, by accepting the protected information, the Army would violate the Privacy Act’s prohibition on collecting such information. According to Public Citizen, if the Army allowed the Commission to download the information, the Army would violate the Act’s prohibition on disseminating the information.
On the same day the complaint was filed, Public Citizen filed a notice of a related case. The case, Electronic Privacy Information Center v. Pres. Advisory Comm’n on Election Integrity, grew out of the same event.
Without receiving an answer from the Army or any dispositive motion, Public Citizen voluntarily dismissed the case without prejudice on July 25, 2017 when the Commission announced that it would no longer use the SAFE system to collect voter data.
The case is now closed.
Summary Authors
Jake Parker (6/14/2018)
Averyn Lee (3/10/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087596/parties/public-citizen-inc-v-united-states-department-of-the-army/
Arkush, David J. (District of Columbia)
Clattenburg, Rachel M. (District of Columbia)
Frost, Amanda (District of Columbia)
CASSELL, SUSAN C. (District of Columbia)
Everett, Daniel James (District of Columbia)
Lamberth, Royce C. (District of Columbia)
Arkush, David J. (District of Columbia)
Clattenburg, Rachel M. (District of Columbia)
Frost, Amanda (District of Columbia)
Llewellyn, Patrick D. (District of Columbia)
Murray, Julie A. (District of Columbia)
Nelson, Scott Lawrence (District of Columbia)
Pulver, Adam R. (District of Columbia)
Rosenbaum, Adina H. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/6087596/public-citizen-inc-v-united-states-department-of-the-army/
Last updated March 20, 2024, 3:11 a.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Key Dates
Filing Date: July 10, 2017
Closing Date: 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Public Citizen is a nonprofit consumer advocacy organization.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of the Army, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement: