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Judicial Watch • JW v DHS 01179 – TSA misconduct

JW v DHS 01179 – TSA misconduct

JW v DHS 01179 – TSA misconduct

Page 1: JW v DHS 01179 – TSA misconduct

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Number of Pages:4

Date Created:July 11, 2014

Date Uploaded to the Library:August 19, 2014

Tags:TSA, complaint, DHS


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  • demand_answers

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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC., 
425 Third Street, SW, Suite 800 
Washington, D.C. 20024, 
Plaintiff, Civil Action No. 
UNITED STATES DEPARTMENT HOMELAND SECURITY, Office the General Counsel 245 Mun-ay Lane Washington, 20528-0485 
Defendant. 
COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department Homeland Security compel compliance with the Freedom formation Act, 
U.S.C.  552 ("FOTA"). 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). 
Plaintiff Judicial Watch, Inc. not-for-profit, educational foundation organized 

PARTIES 
under the laws the District Columbia and having its principal place business 425 Third 
Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency, 
accountability, and integrity government, politics, and the law. part its educational 
mission, Plaintiff regularly requests records under FOIA shed light the operations the federal government and educate the public about these operations. Plaintiff then analyzes the agency records and disseminates the results its analysis, well the records themselves, the public. Defendant United States Department Homeland Security agency the United States Government and headquartered United States Department Homeland Security, 601 South 12Lh Street, Arlinbrton, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS March 2014, Plaintiff submitted FOIA request the Transportation 
Security Administration ("TSA"), component Defendant, seeking access the following 
records: 
Any and all passenger complaint forms (referred "yellow cards"), "To From" memoranda, and Incident Reports filed 2013 the following airports: Dulles International Airport, Chicago O'Hare International Airport, Denver International Airport, Miami International Airport, and Los Angeles International Airport. 
TSA subsequently acknowledged receipt Plaintiff's FOIA request and assigned the request reference number TSA FOIA #2014-TSFA-00246. March 13, 2014, Plaintiff agreed narrow the scope its FOIA request, TSA's request, the following: ''Incident Reports relating [Transportation Security Officers] accused assaults relating sexual misconduct 2013" the five airports identified the original request. 
Pursuant U.S.C.  552(a)(6)(A)(i), TSA was required determine whether comply with the request within twenty (20) working days after Plaintiff agreed narrow the 
request. Pursuant this same provision, TSA also was required notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. TSA's determination and notification Plaintiff was due later than April 10, 2014. the date this Complaint, TSA has failed to: (i) determine whether comply with Plaintiffs request; (ii) notify Plaintiff any such detennination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested record otherwise demonstrate that the requested records are exempt from production. 

10. 
Because TSA failed comply with the time limit set forth U.S.C.  522(a)(6)(A), Plaintiff i.s deemed have exhausted any and all administrative remedies with respect its request, pursuant U.S.C.  552(a)(6)(C). 

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

11. Plaintiff realleges paragraphs through fully stated herein. 
12. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
Plaintiff being irreparably harmed reason Defendant's unlawful withholding the requested public records, and Plaintiff will continue irreparably harmed miless Defendant compelled confonn its conduct the requirements the law. 
WHEREFORE, Plaintiff rcspcctfully requests that the Court: (1) order Defendant conduct search for any and all records responsive 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 nonexempt records responsive Plaintiffs 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 Plaintiffs 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 deemsjust and 
proper.  
Dated:  July 11, 2014  Respectfully Submitted,  
JUDICIAL WATCH, INC.  
/s/ David Rothstein D.C. Bar No. 450035 425 Third Street, S.W., Suite 800 Washington, 20024 (202) 646-5172  
Attorneys for Plaintiff