Skip to content

Judicial Watch • 2011 jw-v-dhs-complaint-11-606-03232011

2011 jw-v-dhs-complaint-11-606-03232011

2011 jw-v-dhs-complaint-11-606-03232011

Page 1: 2011 jw-v-dhs-complaint-11-606-03232011

Category:Lawsuit

Number of Pages:3

Date Created:March 24, 2011

Date Uploaded to the Library:July 30, 2013

Tags:withhold, attorneys, conduct, jurisdiction, produce, failed, grant, search, Street, working, requested, Pursuant, responsive, DHS, security, defendant, watch, plaintiff, request, records, judicial, department, states, Washington, united, court, EPA, 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 To. Kessler, Gladys 
JUDICIAL WATCH, INC.,  
425 Third Street, S.W., Suite 800  
Washington,  20024,  
Plaintiff, cas) 1.11 cv-00606  

ss1 
INPrivacy 
UNITED STATES DEPARTMENT 
HOMELAND SECURITY, )th
601 South 12Street Arlington, 22202, 

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 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 Plaintiff responded Defendant's July 13, 2010 e-mail July 19, 2010. 
Plaintiffs response included detailed list the DHS components that Plaintiff wanted 
searched well further clarification the request. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond Plaintiffs July 2010 FOIA request within twenty (20) working days August 2010. the date this Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than acknowledge receipt the request and ask for clarification the request, Defendant has 
failed respond the request any manner. 
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). 
COUNTl (Violation FOIA, U.S.C.  552) 
11. 
Plaintiff realleges paragraphs through fully stated herein. 

12. 
Defendant unlawfully withholding records requested Plaintiff pursuant 

13. 
Plaintiff being irreparably harmed reason Defendant's unlawful U.S.C.  552. 
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 
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiff's 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 Plaintiff's FOIA request; 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: March 21, 2011 Respectfully submitted, 
JUDICIAL WATCH, INC. 

D.C. Bar No. 429716 

Attorneys for Plaintiff



Sign Up for Updates!