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Judicial Watch • Complaint

Complaint

Complaint

Page 1: Complaint

Category:General

Number of Pages:5

Date Created:January 11, 2012

Date Uploaded to the Library:February 20, 2014

Tags:complaint


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
425 Third Street, S.W., Suite 800  
Washington, 20024,  
Plaintiff,  Civil Action No.  
U.S. DEPARTMENT DEFENSE,  
1600 Defense Pentagon  
Washington, 20301-1600,  
and  
CENTRAL INTELLIGENCE AGENCY  
Office General Counsel  
Washington, 20505,  
Defendants.  

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.  1391(e). 
PARTIES Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, W., Suite 
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 August 2011, Plaintiff sent FOIA request the DoD seeking access information concerning meetings and communications between the DoD and filmmaker Kathryn Bigelow, the Academy Award-winning director The Hurt Locker (2008) and Point Break (1991 Specifically, Plaintiff sought records communication between any officer, official, employee the DoD and Ms. Bigelow, well with Mr. Mark Boal, Ms. Megan Ellison, employees Annapurna Pictures, concerning planned film regarding the killing Osama (Usama) Bin Laden. Ms. Bigelow, Mr. Boal, Ms. Ellison, and Annapurna Pictures are involved the film project, which tentatively titled "Killing bin Laden." Plaintiffs FOIA request also sought access all records communication between DoD officers, officials, employees and any other individuals, entities, government agencies concerning the same planned film, and all other DoD records concerning it. letter dated August 22, 2011, the DoD acknowledged receipt Plaintiffs 
FOIA request and designated the request case number 1-F-1374. addition, the DoD 
advised Plaintiff: this time, are unable make release determination your 
request within the 20-day statutory time period there are unusual 
circumstances which impact our ability quickly process your 
request. 
Pursuant U.S.C.  552(a)(6)(A)(i), the DoD would have been required respond Plaintiffs FOIA request within twenty (20) working days August 2011, September 2011. light the "unusual circumstances" cited Don, pursuant U.S.C.  552(a)(6)(B)(i) the DoD was entitled additional (10) working days respond, September 20, 2011. 
Also August 2011, Plaintiff sent FOIA request the CIA seeking access all records communication between any officer, official, employee the CIA and Ms. Bigelow, Mr. Boal, Ms. Ellison, employees Annapurna Pictures concerning planned film regarding the killing Osama (Usama) Bin Laden, tentatively titled "Killing bin Laden." Plaintiffs FOIA request also sought access all records communication between CIA officers, officials, employees and any other individuals, entities, government agencies concerning the same planned film, and all other CIA records concerning it. 

10. letter dated August 16, 2011, the CIA acknowledged receipt August 2011 Plaintiffs FOIA request and designated the request case number F-2011-02001. addition, the CIA advised Plaintiff: 

The large number FOIA requests CIA received has created unavoidable delays making unlikely that can respond within the working days the FOIA requires. 
11. 
Pursuant U.S.C.  552(a)(6)(A)(i), the CIA was required respond Plaintiffs FOIA request within twenty (20) working days August 16, 2011 September 2011. 

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

13. 
Because Defendants have failed comply with the time limit set forth U.S.C.  552(a)(6)(A)(i) 552(a)(6)(B)(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 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 FOIA requests and demonstrate that they have employed search methods reasonably likely lead the discovery records 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 Defendc:.nts from continuing withhold any and all non-exempt records responsive Plaintiffs 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: Januaryl 1., 2012 Respectfully submitted, 

JUDICIAL WATCH, INC. 

JUDICIAL WATCH, INC. 425 Third Street, SW, Ste. 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff