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Judicial Watch • 2011 jw-v-dod-complaint-05092011

2011 jw-v-dod-complaint-05092011

2011 jw-v-dod-complaint-05092011

Page 1: 2011 jw-v-dod-complaint-05092011


Number of Pages:4

Date Created:May 9, 2011

Date Uploaded to the Library:July 30, 2013

Tags:conduct, seeks, jurisdiction, dated, produce, failed, number, access, Street, search, requested, public, requests, Pursuant, responsive, Pentagon, government, defendant, watch, plaintiff, request, records, judicial, states, Washington, court, united, EPA, ICE, CIA

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Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department 
Defense compel compliance with the Freedom oflnformation 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 
425 Third Street, S.W., Suite 800 Washington, 20024, 
U.S. DEPARTMENT DEFENSE, 1600 Defense Pentagon 
Washington, 20301-1600, 
Case: 11-cv-00863 Assigned Bates, John Assign. Date 5/9/2011 
Description: FOIA/Privacy Act 
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 
1600 Defense Pentagon, Washington, 20301-1600. Defendant has possession, custody, and 
control records which Plaintiff seeks access. 
STATEMENT FACTS December 15, 2010, Plaintiff sent FOIA request Defendant seeking access the following: 	DoDIG Report oflnvestigation, Case Number H05L97905217; dated SEP 2006; Subject: Alleged Misconduct Senior DoD Officials Concerning the ABLE DANGER Program and Lieutenant Colonel Anthony Shaffer, Army Reserve; prepared the Office the Deputy Inspector General for Investigations. (Hereafter referred the "ABLE DANGER Report."). 
Drafts the ABLE DANGER Report. 	
Associated work papers the ABLE DANGER Report. 
Transcripts the interviews Captain Scott Phillpott, USN. 

Transcripts the interviews Mr. Robert Giesler. 	Transcripts the interviews Dr. Newton Howard. letter dated December 21, 2010, Defendant acknowledged receipt Plaintiffs FOIA request and designated the request case number 11-00052-F. addition, Defendant 
advised Plaintiff that the ABLE DANGER Report had been made available Defendant's 
website, but that would conduct search for the remaining items Plaintiffs request. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiffs FOIA request within twenty (20) working days January 18, 2011. the date this Complaint, Defendant has failed produce any records 
responsive items through Plaintiffs FOIA request demonstrate that responsive records 
are exempt from production. Nor has indicated whether when any responsive records will produced. short, Defendant has failed respond items through the request any 
substantive manner. 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) 
Plaintiff realleges paragraphs through fully stated herein. 

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. 
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 Plaintiffs FOIA request and Vaughn index any responsive records 
withheld under clajm exemption; (3) enjoin Defendanl from continuing withhold any and all 
non-exempt records responsive Plaintiff's 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: May 2011 Respectfully submitted, 

D.C. Bar No. 450035 
425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys/or Plaintiff