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Judicial Watch • 2011 jw-v-doj-complaint-03092011

2011 jw-v-doj-complaint-03092011

2011 jw-v-doj-complaint-03092011

Page 1: 2011 jw-v-doj-complaint-03092011


Number of Pages:4

Date Created:March 17, 2011

Date Uploaded to the Library:July 30, 2013

Tags:attorneys, conduct, seeks, jurisdiction, failed, produce, grant, access, Street, public, Pursuant, search, requests, requested, responsive, justice, government, watch, defendant, plaintiff, judicial, request, records, department, states, Washington, court, united, EPA, ICE, CIA

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JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 Washington, 20024, 
U.S. DEPARTMENT JUSTICE 950 Pennsylvania Ave., N.W. Washington, 20530-0001, 
Defendant.  Case: 11-cv-00500 Assigned To: Kessler, Gladys Assign. Date 03/09/2011 Description: FOIA/Privacy Act  

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Justice 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.  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 
U.S. Department Justice, 950 Pennsylvania Ave., N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS November 2010, Plaintiff sent request Defendant seeking access 
the following: 
Any and all records communication between the Civil Rights Division and the National Association for the Advancement Colored People Legal Defense Fund (including, but not limited communications with Kristen Clarke, Director Political Participation) concerning, regarding, relating US. New Black Panther Party for Self-Defense, et. (09-CV-0065). The time frame for this request November May 22, 2009. 
Pursuant U.S.,C.  552(a)(6)(A), Defendant was required respond Plaintiffs FOIA request within twenty (20) working days, December 2010. the date this Complaint, Defendant has failed produce any records responsive the request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. fact, Defendant has failed respond the request any manner. 
Because Defendant 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 FOIA request, pursuant U.S.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 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 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 non-exempt 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; grant Plaintiff award attorneys' fees and other litigation costs reasonably incurred this action pursuant U.S.C.  52( a)( )(E); and grant Plaintiff such other relief the Court deems just and proper. 
Dated: March 2011 Respectfully submitted, JUDICIAL WATCH, INC. 

D.C. Bar No. 495488 Suite 800 425 Third Street, S.W. Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff