Color of Change v. Department of Homeland Security and Federal Bureau of Investigation Historic Case
Date Filed:
October 20, 2016
Current Status
On July 1, 2018, the court ruled against COC and CCR, allowing DHS to keep secret the document referred to as the "Race Paper." On April 11, 2019, the parties came to a settlement on all aspects of the case including attorneys' fees.
Co-Counsel
Avi Cover, Case Western University
Case Description
In July 2016, Color of Change (COC) and the Center for Constitutional Rights 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 followed the many instances over the previous 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
Stipulation entered settling attorneys' fees
April 11, 2019
Stipulation entered settling attorneys' fees
Signed stipulation and order of partial dismissal
August 8, 2018
Signed stipulation and order of partial dismissal
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
DHS files opposition to summary judgment
April 18, 2018
DHS files opposition to summary judgment
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."
Judge orders production of documents
April 21, 2017
Judge orders production of documents
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.
Last modified: August 31, 2020
