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Judicial Watch • 2011 jw-v-dod-complaint-05132011

2011 jw-v-dod-complaint-05132011

2011 jw-v-dod-complaint-05132011

Page 1: 2011 jw-v-dod-complaint-05132011


Number of Pages:4

Date Created:May 13, 2011

Date Uploaded to the Library:July 30, 2013

Tags:required, attorneys, conduct, seeks, jurisdiction, dated, grant, access, Street, public, Pursuant, search, requests, release, responsive, Pentagon, government, watch, defendant, plaintiff, judicial, request, records, department, states, Washington, court, united, EPA, ICE, CIA

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

1600 Defense Pentagon 
Washington, 20301-1600, 

Case: 11-cv-00890 
Assigned To: Boasberg, James 
Assign. Date 5/13/2011 
Description: FOIA/Privacy Act 

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 non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.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. Defendant agency the United States Government and headquartered 1600 Defense Pentagon, Washington, 20301-1600. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS May 2011, Plaintiff sent FOIA request Defendant seeking access all photographs and/or video recordings Osama (Usama) Bin Laden taken during and/or after the 
U.S. military operation Pakistan about May 2011. letter dated May 2011, Defendant acknowledged receipt Plaintiffs FOIA 
request and designated the request case number 11-F-0931. addition, Defendant advised 
Plaintiff: this time, are unable make release determination your request within the 20-day statutory time period. Although the FOIA contains provisions for extension more business days, that additional time will not sufficient complete the work required process your request and arrive final release decision. 
Pursuant U.S.C.  552(a)(6)(A) and U.S.C.  552(a)(6)(B)(i), Defendant required respond Plaintiffs FOIA request within thirty (30) working days June 10, 2011. 
Because Defendant has advised Plaintiff that will fail make determination Plaintiffs FOIA request within the time limit set forth U.S.C.  552(a)(6)(A) U.S.C.  552(a)(6)(B)(i), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA requesL 1-LS.C.  552(a)(6)(C). 

COUNTl (Violation FOIA, U.S.C.  552) Plaintiff realleges paragraphs through fully stated herein. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

Plaintiff being irreparably harmed reason Defendant's unlawful withholding ofrequested 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 Plaintif f's FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintif FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintif f's 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 Plaintif f's 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. 

Dated: May 13, 2011 Respectfully submitted, JUDICIAL WATCH, INC. 

D.C. Bar No. 995749 425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff