Color of Change v. Department of Homeland Security and Federal Bureau of Investigation

At a Glance

Date Filed: 

October 20, 2016

Current Status 

COC and CCR filed for summary judgment on March 19, 2018, asking the Court to order the release of DHS documents referred to as the "Race Paper." On May 23, 2018, Judge Pauley ordered DHS to produce the documents to him for in-camera review by the court.

Co-Counsel 

Avi Cover, Case Western University

Client(s) 

Case Description 

In July 2016, Color of Change (COC) and CCR filed a Freedom of Information Act (FOIA) Request seeking information from the U.S. Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) on the surveillance and monitoring of Movement for Black Lives (MBL) protestors and organizers exercising their First Amendment constitutional rights at protests across the country. The request was specifically directed at the monitoring of protest activity whose subject matter or theme involved police violence, criminal justice, racial inequities, or MBL. The request follows the many instances over the past two years of military and counterterror resources being used to surveil MBL protests as well as first-hand accounts of surveillance of protests and activists.

COC FOIA Briefing Guides

Case Timeline

May 23, 2018
Judge Pauley orders in-camera review of "Race Paper" documents
May 23, 2018
Judge Pauley orders in-camera review of "Race Paper" documents
May 2, 2018
CCR files reply brief
May 2, 2018
CCR files reply brief
April 18, 2018
DHS files opposition to summary judgment
April 18, 2018
DHS files opposition to summary judgment
March 19, 2018
COC and CCR file motion for summary judgment in order to release DHS "Race Paper"
March 19, 2018
COC and CCR file motion for summary judgment in order to release DHS "Race Paper"
COC and CCR file a motion for summary judgment, asking the court to order DHS to release a document from the DHS Office of Intelligence and Analysis referred to as the "Race Paper."
October 20, 2016
COC and CCR file complaint against DHS and FBI
October 20, 2016
COC and CCR file complaint against DHS and FBI
COC and CCR file complaint against the Department of Homeland Security and the Federal Bureau of Investigation.