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Judicial Watch • 2011 hartley-v-doj-complaint-09162011

2011 hartley-v-doj-complaint-09162011

2011 hartley-v-doj-complaint-09162011

Page 1: 2011 hartley-v-doj-complaint-09162011

Category:Obtained Document

Number of Pages:4

Date Created:September 15, 2011

Date Uploaded to the Library:July 30, 2013

Tags:husband, Representatives, incident, failed, officials, Employees, Street, Pursuant, search, response, International, justice, responsive, September, government, watch, defendant, filed, plaintiff, request, texas, document, State, david, records, DOJ, department, Washington, court, EPA, ICE, CIA

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Case 1:11-cv-01698-RLW Document Filed 09/20/11 Page1 of4 THE UNITED STATES DISTRICT COURT


c/o Judicial Watch, Inc.

425 Third Street, SW, Suite 800
Washington, D.C. 20024,

Plaintiff, Civil Action No.

950 Pennsylvania Avenue,
Washington, 20530-0001,




Plaintiff Tiffany Hartley brings this action against Defendant Department Justice
(“DOJ”) 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. l39l(e).

PARTIES Plaintiff Tiffany Hartley individual and resident the state Colorado.
Plaintiffs husband, David Hartley, was shot September 30, 2010 while Plaintiff and her
husband were jet—skiing Falcon International Reservoir, which located between Texas and
the Mexican state Tamaulipas. Plaintiffs husband fell into the reservoir after being shot.

has never been found and presumed dead. Law enforcement authorities reportedly believe that

Case 1:11-cv-01698-RLW Document Filed 09/20/11 Page

drug cartel gunmen killed Plaintiff’s husband. suspected that Plaintiff seeking records
about the U.S. Government’s response her husband’s death. Defendant agency the U.S. Government and headquartered 950
Pennsylvania Avenue, NW, Washington, 20530-0001. Defendant has possession, custody,
and control records which Plaintiff seeks access.

STATEMENT FACTS June 201 Plaintiff submitted FOIA request Defendant, facsimile and
certified mail, seeking access the following public records:

(a) Any and all records concerning, regarding, relating the September 30,

2010 shooting and presumed death David Hartley Falcon International

Reservoir (“Falcon Lake”) hereafter “September 30, 2010 incident”) located

between Texas and the Mexican state Tamaulipas;

(b) Any and all records any investigation(s) conducted the Department
Justice concerning, regarding, relating the September 30, 2010 incident;

(0) Any and all records communications, contacts, correspondence
concerning, regarding, relating the September 30, 2010 incident any
investigation(s) the September 30, 2010 incident between the Department
Justice and any the following: Any employees, officials representatives the U.S.

ii. Any employees, officials representatives the Mexican

iii. Any employees, officials representatives the state

iv. Any employees, officials, representatives the state
Colorado; Tiffany Hartley, widow David Hartley, any
representatives Ms. Hartley;

vi. Any other entity, organization, individual not specifically
described above.

Case 1:11-cv-01698-RLW Document Filed 09/20/11 Page

The timeframe for the request was identified September 30, 2010 June 2011. According U.S. Postal Service records, Plaintiff’ OIA request was received
Defendant June 13, 201 Pursuant U.S.C. 552(a)(6)(A)(i), Defendant’s response Plaintiffs June
2011 FOIA request was due within twenty working days June 13, 2011, July 12, 2011. the date this Complaint, Defendant has failed produce any records
responsive Plaintiffs June 2011 FOIA request demonstrate that responsive records are
exempt from production. Nor has indicated whether when any responsive records will
produced. fact, Defendant has failed respond Plaintiffs FOIA request any substantive
manner. Because Defendant 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 its June 2011 FOIA request pursuant U.S.C. 552(a)(6)(C).

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

10. Plaintiff realleges paragraphs through fully stated herein. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.

12. Plaintiff being irreparably harmed reason Defendant’s 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 responsive records Plaintiffs June 2011 FOIA request and

demonstrate that employed search methods reasonably likely lead the discovery records

Case 1:11-cv-01698-RLW Document Filed 09/20/11 Page

responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and

all non-exempt records responsive Plaintiffs OIA 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 deems just and


Dated: September 15, 2011

Respectfully submitted,


r"'’,?’ ,.»::;/

Julie Axelrod

’D.(:. Bar No. 10011557

425 Third Street, S.W., Suite 800
Washington, 20024

(202) 646-5172

Attorney for Plaintzfi’