Clinic Represents Scholar in Legal Challenge Over FOIA Delays

The Media Freedom and Information Access (MFIA) Clinic at Yale Law School is representing Ryan Scoville, a law professor at Marquette University, in his pattern or practice lawsuit against the U.S. Department of State. The lawsuit asserts that the department has a systemic practice of delaying responses to Freedom of Information Act (FOIA) requests, violating the statutory requirement to respond within 20 business days.

Scoville submitted a FOIA request in March 2020 to the State Department, seeking documents related to the use and transfer of military equipment under the Arms Export Control Act. The request specifically sought reports regarding defense articles agreements and violations of these agreements. Under FOIA, the State Department is required to respond to such requests within 20 business days, but Scoville’s request went unanswered for months. 

In addition to this particular request, Scoville’s previous FOIA requests have faced similar delays, ranging from months to years, causing significant disruption to his academic work, according to the lawsuit. 

In January 2022, the clinic filed a lawsuit alleging that the delays are a violation of the public’s right to timely access of government-held information. The lawsuit argues that the State Department’s pattern of delaying responses is not just the result of isolated backlogs but reflects a systemic failure to meet FOIA deadlines. According to the complaint, such a practice undermines the purpose of FOIA, which is designed to ensure government transparency and facilitate public access to records related to the government’s activities.

The State Department moved to dismiss the case in April 2022, arguing that allegations of delay do not, by themselves, constitute a “policy or practice” of noncompliance with FOIA. 

The clinic opposed the motion to dismiss, and in August 2022 Magistrate Judge Nancy Joseph denied the department’s motion, allowing the case to proceed to discovery. 

Over the next two years, clinic students managed both fact and expert discovery and navigated the legal complexities of FOIA pattern or practice cases. They drafted and served requests for production and interrogatories, reviewed thousands of documents, and deposed two State Department employees responsible for the FOIA program. In February 2025, the clinic filed a motion for summary judgment on the pattern or practice claim.

MFIA’s work in the case highlights its mission of advocating for government transparency and public access to information, according to Anna Selbrede ’26, a student in the clinic. 

“Scoville epitomizes the kind of litigation that drew me to the MFIA clinic,” Selbrede said. “We are fighting for government transparency at a structural level, to ensure that more than just our client can receive the information they need. It has been incredible following the case through the past three semesters, from discovery to summary judgment briefing. Each iteration of our team has come together at key moments to make the case successful.”

Under the guidance of clinic faculty, students have participated in all aspects of the litigation, including legal research, drafting motions, and taking and defending deposition. The case has given clinic students a unique educational experience, allowing them to work on a high-impact case that has real-world implications for transparency and the public’s right to information.

“Working on this matter was an incredible way to wrap up my law school experience. The deposition of the Department of State was truly a team effort,” said Dorrin Akbari ’24, a former clinic student. “That experience was fundamental in shaping how I approach depositions today.”

If Scoville’s claims are successful, the case could set an important legal precedent for future pattern or practice cases challenging agencies’ systemic FOIA failures and could lead to reforms in how the State Department processes FOIA requests, ensuring more timely responses and greater accountability in its operations, according to the clinic. 

The MFIA Clinic at Yale Law School is dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression through impact litigation, direct legal services, and policy work.