Skip to content

Judicial Watch • 12 27 12 STAMPED Transgender Complaint

12 27 12 STAMPED Transgender Complaint

12 27 12 STAMPED Transgender Complaint

Page 1: 12 27 12 STAMPED Transgender Complaint

Category:General

Number of Pages:4

Date Created:December 17, 2012

Date Uploaded to the Library:February 20, 2014

Tags:transgender, determination, Pursuant, south, Services, responsive, security, September, defendant, watch, plaintiff, request, records, states, Washington, court, united, EPA, ICE, CIA


File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF

THE UNITED STATES DISTRICT COURT  
FOR THE DISTRICT COLUMBIA 
 
JUDICIAL WATCH, INC., 
425 Third Street, S.W., Suite 800  
Washington,  20024, 
   Plaintiff,  Civil Action No. 
UNITED STATES DEPARTMENT 
HOMELAND SECURITY, 
601 South 12th Street 
Arlington, 22202, 
   Defendant. 
____________________________________) 
 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Homeland Security compel compliance with the Freedom Information Act, U.S.C.  552 (FOIA). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e).   
PARTIES Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest 
mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered United States Department Homeland Security, 601 South 12th Street, Arlington, 22202.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS September 24, 2012, Plaintiff sent FOIA request U.S. Immigration and Customs Enforcement (ICE), component Defendant, seeking access the following:  Any and all records concerning relating hormone therapy provided transgender detainees either while detained ICE for use transgender detainee following his her deportation removal, including but not limited statistical compilations the number transgender detainees receiving such therapy; Any and all records concerning relating other transgender-related health care services medications provided trans gender detainees, including but not limited records identifying the type transgender-related health care services medications provided and statistical compilations the number transgender detainees receiving such services medications; and Any and all records concerning relating the costs associated with the health care services provided Items 1-2 above. The request expressly stated that records were being sought for Fiscal Year 2011, from October 2010 through September 30, 2011.  The request also expressly stated that information was being sought about the identity any detainee who may have received any the services question the identity any health care provider who may have provided such services. letter dated October 2012, Defendant acknowledged receipt the request and notified Plaintiff that the request had been assigned ICE FOIA Case Number 2013FOIA00027. Defendant was required determine whether comply Plaintiffs request within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C.  552(a)(6)(A).  Pursuant this same provision, Defendant also was required notify Plaintiff immediately the determination, the reasons therefor, and the right appeal any adverse determination the head the agency.  Excluding weekends, the intervening Columbus Day holiday (October 2012), and the two days that the Federal Government was closed because Hurricane Sandy (October and 30, 2012), Defendant was required make its determination and provide Plaintiff with the requisite notifications November 2012. the date this Complaint, Defendant has failed notify Plaintiff any determination about whether Defendant will comply with Plaintiffs request, the reasons for any such determination, Plaintiffs right appeal any adverse determination the head the agency.  Nor has Defendant produced any records responsive the request, indicated when any responsive records will produced, demonstrated that responsive records are exempt from production.      
 10. Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 
 
 
      COUNT 
(Violation FOIA, U.S.C.  552) 
 
 11. Plaintiff realleges paragraphs through fully stated herein. 
 12. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552.   
 13. Plaintiff being irreparably harmed reason Defendants unlawful withholding requested records, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 
 WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all responsive records Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA request; (4) grant Plaintiff award attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper.
Dated:  December 17, 2012    Respectfully submitted, 
JUDICIAL WATCH, INC. 
 
/S/ Paul Orfanedes   
D.C. Bar No. 429716 
425 Third Street, S.W., Suite 800 
Washington, 20024 
(202) 646-5172 
 
Attorneys for Plaintiff