FORT LAUDERDALE, Fla. – The U.S. Department of Defense has unlawfully withheld agency records by failing to comply with Freedom of Information Act deadlines, a Florida-based law firm alleges in a recent federal lawsuit.
Plaintiff Biazzo Law PLLC filed its complaint in U.S. District Court for the Southern District of Florida.
The Parkland firm, engaged in constitutional oversight and public interest legal analysis, filed the lawsuit to compel the DoD to produce records and clarify agency policies.
“The Defendant engages in a pattern of practice of violating FOIA by systematically failing to make timely determinations, assigning requests to indefinite processing queues, issuing standardized interim responses that do not satisfy statutory requirements, and delaying production for months beyond statutory deadlines,” its 13-page complaint states.
Biazzo contends the DoD’s practices are “systemic and ongoing.”
“The uniform language and structure of the Defendant’s interim response letters across multiple requests, including identical assertions regarding backlog, complexity, and delay, demonstrate a standardized agency practice rather than individualized determinations,” the firm’s filing states.
The firm argues that absent judicial intervention, the DoD’s practices will continue to impair its rights under FOIA in connection with future requests.
“Administrative backlog does not excuse noncompliance,” Biazzo’s complaint states, noting the DoD reported a backlog of about 3,347 FOIA requests.
According to the lawsuit, Biazzo submitted three separate FOIA requests. The requests seek final agency policies, legal interpretations, and working law, the firm claims.
In particular, the firm’s requests include War Powers Resolution reporting policies, “imminent threat” legal standards, and executive use-of-force authority.
“These issues are of substantial constitutional and public importance,” the complaint states.
FOIA requires federal agencies to determine within 20 working days whether to comply. A “determination” under FOIA requires more than acknowledgement of receipt; it must include the agency’s decision whether to comply, the scope of documents it will produce, and a specific estimate of the time for completion.
Biazzo claims while the DoD acknowledged receipt of the requests, it failed to make determinations within 20 working days.
“The Defendant expressly stated it would not comply within FOIA’s statutory deadlines,” the complaint states.
“The Defendant has also failed to provide a date certain by which it will issue a determination or complete production, further confirming that no legally sufficient determination has been made. The failure to provide a date certain for determination or production independently renders the Defendant’s response legally insufficient under FOIA.”
The firm seeks, among other things, an order forcing the DoD to conduct searches “reasonably calculated” to uncover all responsive records; to enjoin the DoD from continuing its practice of failing to make timely determinations and from withholding records; require periodic status reports to the court; and attorney’s fees.
Corey J. Biazzo is representing the firm in the action.
Judge Raag Singhal has been assigned the case.
