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Judicial Watch • 3 17 14 JW v PSPRS CV2014_003027

3 17 14 JW v PSPRS CV2014_003027

3 17 14 JW v PSPRS CV2014_003027

Page 1: 3 17 14 JW v PSPRS CV2014_003027

Category:Lawsuit

Number of Pages:4

Date Created:March 14, 2014

Date Uploaded to the Library:March 18, 2014

Tags:psprs, Procedure, Special, access, record, arizona, defendant, plaintiff, watch, records, michael, judicial, court, EPA, ICE, CIA


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  • demand_answers

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Michael Napier, State Bar No. 002603 NAPIER, COURY BAILLIE, P.C. 
2525 East Arizona Biltmore Circle 
Suite 135 
Phoenix, Arizona 85016 
mike@napierlawfirm.com 
(602) 248-9107 Attorneys for Plaintiff Judicial Watch, Inc. THE SUPERIOR COURT FOR THE STATE ARIZONA AND FOR THE COUNTY MARICOPA 
JUDICIAL WATCH, INC. Case No 
Plaintiff, COMPLAINT (Statutory Special Action)
vs.
PUBLIC SAFETY PERSONNEL
RETIREMENT SYSTEM
Defendant. Plaintiff Judicial Watch, Inc. brings this special action 
against Defendant Public Safety Personnel Retirement System compel compliance with the Arizona Public Records Law, A.R.S.  39-121 seq. grounds therefor, Plaintiffs allege follows: 

AND VENUE Plaintiff Judicial Watch, Inc. ("Judicial Watchn) non-profit, educational foundation that seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest mission, Judicial Watch regularly requests access 
the public records federal, state, and local government  agencies,  entities,  and  offices,  and  disseminates  its  findings  the  public.  Defendant  Public  Safety  Personnel  Retirement  System  ("PSPRS")  "Public  body"  defined  A.R.S.    39-121.01.  The  Court  has  jurisdiction  over  this  action  pursuant  A.R.S.    39-121.02  and  Rule  4(a)  Arizona  Rules  Procedure  for  Special  Actions.  Venue  proper  pursuant  A.R.S.    12-401  and  Rule  4(b)  Arizona  Rules  Procedure  for  Special  Actions.  STATEMENT  FACTS  about  March  2014,  the  Arizona  Republic  published  article  its  website  stating  that  PSPRS  received  federal  grand-jury  subpoena  and  that  "PSPRS  officials  refused  release  copy  the  subpoena  The  Arizona  Republic  despite  assistant  state  attorney  general's  opinion  that  public  document  that  should  readily  released."  March  11, 2014,  via  electronic  mail  and  facsimile,  Judicial  Watch  requested  that  PSPRS  provide  copy  the  federal  grand-jury  subpoena  referenced  the  Arizona  Republic  article  pursuant  the  Arizona  Public  Records  Law.  electronic  mail  dated  March  13, 2014,  PSPRS  asserted  that  the  requested  record  not  public  record.  PSPRS  therefore  refused  provide  Judicial  Watch  with  access  the  requested  record. the date this Special Action, PSPRS continues deny Judicial Watch access the requested record 
violation A.R.S.  39-121 seq. 
COUNT 

{Violation Arizona Public Records Law -Failure Produce Provide Access) Plaintiff re-alleges paragraphs through 
fully stated herein. 
10. Defendant has violated Arizona Public Records Law 
improperly withholding information and failing provide access the requested record its entirety. 11. Plaintiff being irreparably harmed reason Defendant's violation Arizona Public Records Law, and Plaintiff will continue irreparably harmed unless Defendant compelled comply with the requirements the 
Arizona Public Records Law. 
PRAYER FOR RELIEF 
WHEREFORE, Plaintiff respectfully prays that the Court: (1) 
issue order compelling Defendant immediately provide 
access the requested public record; (2} award damages, costs, 
and attorneys' fees pursuant A.R.S.  39-121.02 and Rule 4{g) Arizona Rules Procedure for Special Actions; and (3) grant 
Plaintiff such other relief the Court deems just and proper. 
Dated: March 13, 2014 NAPIER, 
Napier, 
2525 East Arizona Biltmore Circle 
mike@napierlawfirm.com 
(602) 248-9107 
Attorneys for Plaintiff Judicial Watch, Inc. Counsel: 
Michael Bekesha 
JUDICIAL WATCH INC  
425 Third Street, s.w., Suite 800 
Washington, 20024 Tel: (202) 646-5172



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