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Judicial Watch • JW v. DOD Servicemen Cuban Captives 00151

JW v. DOD Servicemen Cuban Captives 00151

JW v. DOD Servicemen Cuban Captives 00151

Page 1: JW v. DOD Servicemen Cuban Captives 00151

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Number of Pages:4

Date Created:January 29, 2016

Date Uploaded to the Library:March 04, 2016

Tags:Servicemen, Cuban, Captives, 00151, orfanedes, produce, Dod, Defense, Plaintiffs, responsive, Pentagon, defendant, filed, plaintiff, document, request, records, FOIA, department, Washington


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Case 1:16-cv-00151-APM Document Filed 01/29/16 Page THE UNITED ATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
Defendant.
Civil Action No.
COMPLAINT
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 Judicial Watch, Inc. not-for-profit, educational organization that
seeks promote transparency, integrity, and accountability government and fidelity the
rule law. part its educational mission, Plaintiff regularly requests records under FOIA,
analyzes the responses and any records receives, and disseminates its findings and the records the American public inform them about what their government to. US. Dep
Case 1:16-cv-00151-APM Document Filed 01/29/16 Page
Justice Reporters Committee for Freedom the Press, 489 U.S. 749, 795 (1989). Plaintiff
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024.
Defendant U.S. Department Defense agency the United States
Government and headquartered 1400 Defense Pentagon, Washington, 20301.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS June 2015, Plaintiff submitted FOIA request the U.S. Department
Defense, certified mail, seeking access the following:
Any and all records depicting the names, service branch, ranks, Military
Occupational Specialty, and dates and locations capture all American
servicemen believed have been held captive Cuban government
military forces the island Cuba since 1960.
According U.S. Postal Service Records, Defendant received Plaintiffs request June 2015. the date ofthis Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, verse determination.
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
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Case 1:16-cv-00151-APM Document Filed 01/29/16 Page
Defendant violating FOIA failing search for and produce all records
responsive Plaintiffs request demonstrate that the requested records are lawfully exempt
from production.
10.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIAs administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiffs request within twenty (20) working
days ofreceiving the request June 2015. Accordingly, Defendants determination was due about July 2015. minimum, Defendant was required to: (i) gather and review the
requested documents; (ii) determine and communicate Plaintiff the scope any responsive
records Defendant intended produce withhold and the reasons for any withholdings; and
(iii) inform Plaintiff that may appeal any adequately specific, adverse determination. See, e.g.,
Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d
180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiffs request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiffs FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the 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 claim
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Case 1:16-cv-00151-APM Document Filed 01/29/16 Page
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 deems just and proper.
Respectfully submitted,
Dated: January 29, 2016 Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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