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Judicial Watch • 2011 jw-v-dod-cia-amended-complaint-06082011

2011 jw-v-dod-cia-amended-complaint-06082011

2011 jw-v-dod-cia-amended-complaint-06082011

Page 1: 2011 jw-v-dod-cia-amended-complaint-06082011

Category:Lawsuit

Number of Pages:4

Date Created:June 8, 2011

Date Uploaded to the Library:July 30, 2013

Tags:required, seeks, dated, access, Street, defendants, working, requested, release, public, requests, Pursuant, letter, responsive, Pentagon, government, defendant, filed, watch, document, plaintiff, request, records, judicial, department, states, Washington, court, united, EPA, CIA


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Case 1:11-cv-00890—JEB Document Filed 06/08/11 Page of4 THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA

JUDICIAL WATCH, lNC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff, Civil Action No. l-00890 EB)

U.S. DEPARTMENT DEFENSE,
1600 Defense Pentagon
Washington, 20301-1600,

and

CENTRAL INTELLIGENCE AGENCY
Office General Counsel
Washington, 20505,

Defendants.

AMENDED COMPLAINT

Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department
Defense and the Central Intelligence Agency 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 non—prof1t, educational foundation organized under the laws the

District Columbia and having its principal place business 425 Third Street, S.W., Suite

Case 1:11-cv-00890—JEB Document Filed 06/08/11 Page

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. The U.S. Department Defense (“the DoD”) agency the United States
Government and headquartered 1600 Defense Pentagon, Washington, 20301-1600.
Defendant has possession, custody, and control records which Plaintiff seeks access. The Central Intelligence Agency (“the CIA”) agency the United States
Government and headquartered Langley, Virginia. Defendant has possession, custody, and
control records which Plaintiff seeks access.

STATEMENT FACTS May 2011, Plaintiff sent FOIA request the DoD seeking access all
photographs and/or video recordings Osama (Usama) Bin Laden taken during and/or after the
U.S. military operation Pakistan about May 2011. letter dated May 2011, the DoD acknowledged receipt Plaintiff’ FOIA
request and designated the request case number 11-F-0931. addition, the DoD advised
Plaintiff: this time, are unable make release determination your
request within the 20-day statutory time period. Although the
FOIA contains provisions for extension 1.0 more business
days, that additional time will not sufficient complete the work
required process your request and arrive final release
decision. Pursuant U.S.C. 552(a)(6)(A)(i), the DoD was required respond

Plaintiff’ FOIA request within twenty (20) working days May 2011 June 2011.

Case 1:11-cv-00890—JEB Document Filed 06/08/11 Page May 2011, Plaintiff also sent FOIA request the CIA seeking access all
photographs and/or video recordings Osama (Usama) Bin Laden taken during and/or after the
U.S. military operation Pakistan about May 2011.

10. letter dated May 23, 2011, the CIA acknowledged receipt May 2011
Plaintiffs FOIA request and designated the request case number F-2011-01345.

11. Pursuant U.S.C. 552(a)(6)(A)(i), the CIA was required respond
Plaintiffs FOIA request within twenty (20) working days May 2011 June 2011.

12. the date this Complaint, Defendants have failed produce any records
responsive Plaintiff’ requests demonstrate that responsive records are exempt from
production. Nor have they indicated whether when any responsive records will produced.

13. Because Defendants have failed comply with the time limit set forth U.S.C. 552(a)(6)(A)(i), Plaintiff deemed have exhausted any and all administrative remedies with
respect its FOIA requests. U.S.C. 552(a)(6)(C).

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

14. Plaintiff realleges paragraphs through fully stated herein.

15. Defendants are unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.

16. Plaintiff being irreparably harmed reason Defendants’ unlawful
withholdings requested records, and Plaintiff will continue irreparably harmed unless
Defendants are compelled conform their conduct the requirements the law.

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants
conduct searches for any and all records responsive Plaintiffs OIA requests and demonstrate
that they have employed search methods reasonably likely lead the discovery records

_3_

Case 1:11-cv-00890—JEB Document Filed 06/08/11 Page

responsive Plaintiffs FOIA requests; (2) order Defendants produce, date certain, any and

all non-exempt records responsive Plaintiffs FOIA requests and Vaughn index any

responsive records withheld under claim exemption; (3) enjoin Defendants from continuing

withhold any and all non—exempt records responsive Plaintiff’ FOIA requests; (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: June 2011

Respectfully submitted,
JUDICIAL WATCH, INC.
 //1] (Q///'7"“—£J’“~2»v-*”’

Paul Orf/alnedesv
D.C. Bar No. 429716

,..«Ja‘r’§es F.Peterson

D.C. Bar No.4/56,0171  ?‘ /l3%kesha

D.C. Bar No. 995749

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

(202) 646-5172

Attorneys for Plaintzfi’