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Case Name NAACP v. DOJ PB-NY-0037
Docket / Court 1:18-cv-09363 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Public Benefits / Government Services
Attorney Organization NAACP Legal Defense Fund
Case Summary
This is a case about a Freedom of Information Act (FOIA) request concerning the Department of Justice's role in requesting to add a citizenship question to the 2020 Census. On December 12, 2018, the NAACP Legal Defense Fund filed this lawsuit in the Southern District of New York. The plaintiff sued ... read more >
This is a case about a Freedom of Information Act (FOIA) request concerning the Department of Justice's role in requesting to add a citizenship question to the 2020 Census. On December 12, 2018, the NAACP Legal Defense Fund filed this lawsuit in the Southern District of New York. The plaintiff sued the Department of Justice (DOJ) under the Freedom of Information Act (5 U.S.C. § 552, et seq.). Prior to the litigation, the plaintiff had sent a FOIA request seeking records to which the DOJ had not responded. The plaintiff then sought to compel the DOJ to disclose the requested records in addition to injunctive relief, declaratory relief, and attorneys' fees. The plaintiff claimed that the DOJ violated FOIA by failing to (1) conduct an adequate search for responsive records, (2) provide all non-exempt records responsive to the FOIA request, and (3) determine whether to comply with the request within 30 business days. The case was assigned to Judge Alison J. Nathan.

On May 13, 2019, the defendant filed a motion for summary judgment and the plaintiffs filed a cross-motion for summary judgment on June 10. Regarding these two motions, the court denied the defendant's motion for summary judgment and granted the plaintiff's cross-motion for summary judgment on May 29, 2020. The court found that the DOJ failed to show its search was adequate with respect to any subpart of the FOIA request, and ordered the DOJ to conduct an adequate search. On June 30, 2020, the court granted the plaintiff's request to keep the case open and require the parties to make status reports about the production of documents to the court every two months.

This case is ongoing.

Lauren Yu - 10/28/2020


compress summary

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Issues and Causes of Action
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Issues
Content of Injunction
Reporting
General
Records Disclosure
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) Department of Justice
Plaintiff Description NAACP Legal Defense Fund, a non-partisan, nonprofit 501(c)(3) civil rights organization based in New York
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 10/12/2018
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  NAACP Legal Defense and Educational Fund v. United States Dep't of Justice
Brennan Center for Justice at NYU Law
Date: Jul. 14, 2020
By: Brennan Center for Justice
[ Detail ] [ External Link ]

  NAACP Legal Defense And Educational Fund, Inc. V. U.S. Department Of Justice
NAACP Legal Defense and Educational Fund
Date: Oct. 12, 2018
By: NAACP Legal Defense and Educational Fund
[ Detail ] [ External Link ]

  2020 Census Litigation
(The Brennan Center)
[ Detail ] [ External Link ]

Court Docket(s)
S.D.N.Y.
10/28/2020
1:18-cv-09363-AJN
PB-NY-0037-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D.N.Y.
10/12/2018
Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. [ECF# 1]
PB-NY-0037-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
05/29/2020
Opinion & Order [ECF# 37] (2020 WL 2793015)
PB-NY-0037-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Nathan, Alison Julie (S.D.N.Y.) show/hide docs
PB-NY-0037-0002 | PB-NY-0037-9000
Plaintiff's Lawyers Aden, Leah C. (New York) show/hide docs
PB-NY-0037-0001 | PB-NY-0037-9000
Cafasso, Cerissa (District of Columbia) show/hide docs
PB-NY-0037-0001 | PB-NY-0037-9000
Evers, Austin R (District of Columbia) show/hide docs
PB-NY-0037-0001
Ifill, Sherrilyn (New York) show/hide docs
PB-NY-0037-0001
Lewis, Emma (District of Columbia) show/hide docs
PB-NY-0037-9000
Morris, John Z (New York) show/hide docs
PB-NY-0037-9000
Nelson, Janai S. (New York) show/hide docs
PB-NY-0037-0001
Spital, Samuel (New York) show/hide docs
PB-NY-0037-0001
Sussman, Aaron Ross (New York) show/hide docs
PB-NY-0037-0001 | PB-NY-0037-9000
Defendant's Lawyers Kopplin, Rebecca M. (District of Columbia) show/hide docs
PB-NY-0037-9000

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