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Tuffly v DHS

Tuffly v DHS

Page 1: Tuffly v DHS

Category:Lawsuit

Number of Pages:5

Date Created:January 14, 2015

Date Uploaded to the Library:March 06, 2015

Tags:Tuffly, Illegal Immigration, arizona, DHS, ICE


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  • demand_answers

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Case 2:15-cv-00067-ROS Document Filed 01/15/15 Page
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 THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT ARIZONA
EDWARD BUD TUFFLY,
Plaintiff,
UNITED STATES DEPARTMENT HOMELAND SECURITY,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Edward Bud Tuffly brings this action against the U.S. Department
Homeland Security compel compliance with the Freedom Information Act, U.S.C.
552 FOIA and the Privacy Act, U.S.C. 552a Privacy Act 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).
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Case 2:15-cv-00067-ROS Document Filed 01/15/15 Page
PARTIES
Arizona.
Plaintiff Edward Bud Tuffly private citizen residing Tuscon,
Defendant United States Department Homeland Security agency
the United States Government and headquartered 601 South 12th Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff
seeks access.
STATEMENT FACTS November 10, 2014, Plaintiff submitted request U.S. Immigration
and Customs Enforcement ICE component Defendant, seeking access to:
Records sufficient identify all ICE detainees
released late February early March 2013 from the
following detention facilities due alleged fiscal
budget uncertainty: (a) Central Arizona Correctional
Center Florence, Arizona: (b) Eloy Detention Center Eloy, Arizona; (c) Florence Correctional Center
Florence, Arizona; (d) Florence SPC Florence,
Arizona; and (e) Pinal County Adult Detention Center Florence, Arizona.
For each detainee identified response Request No. the I-213 form(s) documenting the detainee arrest.
For each detainee identified response Request No. records sufficient identify: (a) the date the
detainee was released; (b) the facility from which the
detainee was released; (c) the detainee criminal
history criminal charges the time release; (d)
methods supervision which the detainee was
subjected; and (e) whether the detainee appeared for
subsequent removal other proceedings and/or was
removed from the United States.
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Case 2:15-cv-00067-ROS Document Filed 01/15/15 Page electronic mail dated November 17, 2014, ICE sought clarification from
Plaintiff. Specifically, ICE requested exact date range. ICE also stated, that upon
receipt the clarification, ICE would begin processing Plaintiff request. the same day, November 17, 2014, Plaintiff responded electronic
mail ICE. Plaintiff identified exact date range for the records that was
requesting: February 22, 2013 through March 15, 2013.
ICE was required determine whether comply with Plaintiff request
within days receipt the clarification, excepting Saturdays, Sundays, and legal
public holidays, pursuant U.S.C. 552(a)(6)(A). Pursuant this same provision,
ICE also was required notify Plaintiff immediately the determination, the reasons
therefor, and the right appeal adverse determination the head the agency.
Excluding weekends and the intervening Thanksgiving Holiday, ICE was required
make its determination and provide Plaintiff with the requisite notifications December
16, 2014. the date this Complaint, ICE has failed make determination
about whether will comply with Plaintiff request, notify Plaintiff the determination, notify Plaintiff his right appeal adverse determination the head the
agency. Nor has ICE produced any records responsive his request, indicated when any
responsive records will produced, demonstrated that responsive records are exempt
from production.
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Case 2:15-cv-00067-ROS Document Filed 01/15/15 Page
10.
Because ICE has 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 his FOIA request.
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Defendant unlawfully withholding records requested Plaintiff
pursuant FOIA.
13.
Plaintiff being irreparably harmed reason Defendant 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 records responsive Plaintiff request and
demonstrate that employed search methods reasonably likely lead the discovery
records responsive Plaintiff request; (2) order Defendant produce, date
certain, any and all non-exempt records responsive Plaintiff request and Vaughn
index any responsive records withheld under claim exemption; (3) enjoin Defendant
from continuing withhold any and all non-exempt records responsive Plaintiff
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.
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Case 2:15-cv-00067-ROS Document Filed 01/15/15 Page
Dated: January 15, 2015
Respectfully submitted,
NAPIER, COURY BAILLE, P.C.
By:
_____________________________
Michael Napier, State Bar No. 002603
2525 East Arizona Biltmore Circle, Suite 135
Phoenix, Arizona 85016
mike@napierlawfirm.com
(602) 248-9107
Counsel for Plaintiff
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