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Judicial Watch • 2011 hartley-v-state-complaint-09162011

2011 hartley-v-state-complaint-09162011

2011 hartley-v-state-complaint-09162011

Page 1: 2011 hartley-v-state-complaint-09162011

Category:Lawsuit

Number of Pages:4

Date Created:September 15, 2011

Date Uploaded to the Library:July 30, 2013

Tags:husband, incident, Representatives, officials, search, Employees, Street, requested, Pursuant, response, responsive, International, justice, September, filed, government, defendant, document, watch, plaintiff, State Department, request, records, texas, State, david, department, Washington, court, EPA, ICE, CIA


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Case 1:11-cv-01700-ABJ Document Filed 09/20/11 Page of4 THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA

TIFFANY HARTLEY,
c/o Judicial Watch, Inc.
425 Third Street, Suite 800
Washington, 20024,
Plaintiff, Civil Action No.

U.S. DEPARTMENT STATE,
2201 Street
Washington, 20520,

Defendant.

COMPLAINT

Plaintiff Tiffany Hartley brings this action against Defendant U.S. Department State
(“State Department”) 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. l39l(e).

PARTIES Plaintiff Tiffany Hartley individual and resident the state Colorado.

Plaintiffs husband, David Hartley, was shot September 30, 2010 while Plaintiff and her

husband were jet-skiing Falcon International Reservoir, which located between Texas and

Case 1:11-cv-01700-ABJ Document Filed 09/20/11 Page

the Mexican state Tamaulipas. Plaintiffs husband fell into the reservoir after being shot.
has never been found and presumed dead. Law enforcement authorities reportedly believe that
drug cartel gunmen killed Plaintiffs husband. suspected that Plaintiff seeking records
about the U.S. Government’s response her husband’s death. Defendant agency the U.S. Government and headquartered 2201

Street NW, Washington, 20520. Defendant has possession, custody, and control records

which Plaintiff seeks access.

STATEMENT FACTS June 201 Plaintiff submitted FOIA request Defendant, facsimile and
certified mail, seeking access the following public records:

(a) Any and all records concerning, regarding, relating the September 30,
2010 shooting and presumed death David Hartley Falcon International
Reservoir (“Falcon Lake”) hereafter “September 30, 2010 incident”) located
between Texas and the Mexican state Tarnaulipas;

(b) Any and all records any investigation(s) conducted the Department
Justice concerning, regarding, relating the September 30, 2010 incident;

(c) Any and all records communications, contacts, correspondence
concerning, regarding, relating the September 30, 2010 incident any
investigation(s) the September 30, 2010 incident between the Department
Justice and any the following: Any employees, officials representatives the U.S.
Government;

ii. Any employees, officials representatives the Mexican
Government;

iii. Any employees, officials representatives the state
Texas;

iv. Any employees, officials, representatives the state
Colorado;

Case 1:11-cv-01700-ABJ Document Filed 09/20/11 Page Tiffany Hartley, widow David Hartley, any
representatives Ms. Hartley;

vi. Any other entity, organization, individual not specifically
described above.

The timeframe for the request was identified September 30, 2010 June 2011. letter dated June 21, 2011, Defendant acknowledged receipt Plaintiffs
request and assigned Case Control Number 201104567. Pursuant U.S.C. 552(a)(6)(A)(i), Defendant’s response Plaintiffs June
201 FOIA request was due, the latest, within twenty working days June 21, 201 July
20, 2011. the date this Complaint, Defendant has failed produce any records
responsive Plaintiff’ June 2011 FOIA request demonstrate that responsive records are
exempt from production. Because Defendant has 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 June 2011 FOIA request pursuant U.S.C. 552(a)(6)(C).

COUNT1
(Violation FOIA, U.S.C. 552)

10. Plaintiff realleges paragraphs through fully stated herein.

11. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.

12. Plaintiff being irreparably harmed reason Defendant’s unlawful
withholding requested records, and Plaintiff will continue irreparably harmed unless

Defendant compelled conform its conduct the requirements the law.

Case 1:11-cv-01700-ABJ Document Filed 09/20/11 Page

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records Plaintiffs June 2011 FOIA request and
demonstrate that employed search methods reasonably likely lead the discovery records
responsive Plaintiffs 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: September 15, 2011 Respectfully submitted,

JUDICIAL WATCH, INC.

/is Julie Axelrod

D.C. Bar No. 10011557

425 Third Street, S.W., Suite 800
Washington, 20024

(202) 646-5172

Attorney for Plaintzfl