ADF v IRS 00525 Complaint
Category:Legal Document
Number of Pages:4
Date Created:April 9, 2015
Date Uploaded to the Library:April 15, 2015
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Case 1:15-cv-00525 Document Filed 04/09/15 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA ALLIANCE DEFENDING FREEDOM 15100 90th Street Scottsdale, 85260 Plaintiff, INTERNAL REVENUE SERVICE, 1111 Constitution Avenue, Washington, D.C. 20224 Defendant. ___________________________________ Civil Action No. COMPLAINT Plaintiff Alliance Defending Freedom brings this action against Defendant Internal Revenue Service 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 Alliance Defending Freedom not-for-profit organization incorporated under the laws Arizona and headquartered 15100 90th Street, Scottsdale, Arizona 85260. Defendant Internal Revenue Service agency the United States Government and headquartered 1111 Constitution Avenue, NW, Washington, D.C. 20224. Defendant has possession, custody, and control records which Plaintiff seeks access. Case 1:15-cv-00525 Document Filed 04/09/15 Page STATEMENT FACTS July 22, 2014, Plaintiff sent FOIA request Defendant seeking access the following: (1) (2) All documents related proposed adopted changes Treasury Regulations 301.7611-1 from January 2009 the present. (3) All documents related any existing, proposed, new, adopted procedures for church tax inquiries examinations from January 2009 the present. All documents related new IRS policies procedures referenced FFRF July 17, 2014 press release. letter dated August 28, 2014, Defendant acknowledged receiving Plaintiff request July 30, 2014 and assigned the request case number F14212-0101. Defendant also informed Plaintiff that Defendant had invoked 10-day extension time process the request, authorized U.S.C. 552(a)(6)(B), and unilaterally granted itself additional, unauthorized extension until September 29, 2014: Unfortunately, will still unable locate and consider release the requested records September 11, 2014. have extended the response date September 29, 2014 when believe can provide final response You may file suit you not agree extension beyond the statutory period. letter dated September 29, 2014, Defendant asked for more time obtain the records requested and informed Plaintiff that would contact November 28, 2014. Plaintiff received another letter dated January 29, 2015 seeking more time: November 26, 2014 asked for more time obtain the records you requested. still working your request and need additional time March 31, 2015. will contact you March 31, 2015 still unable complete your request. -2- Case 1:15-cv-00525 Document Filed 04/09/15 Page the date this complaint, Defendant has failed to: (i) determine whether comply with the request; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; and/or (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 10. 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 pursuant U.S.C. 552(a)(6)(C). COUNT (Violation FOIA, U.S.C. 552) 11. Plaintiff realleges paragraphs through fully stated herein. 12. Defendant unlawfully withholding records requested Plaintiff under FOIA. 13. Plaintiff being irreparably harmed reason Defendant unlawful withholding records responsive Plaintiffs FOIA request, 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 FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff 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 Plaintiff FOIA request; (4) grant Plaintiff award -3- Case 1:15-cv-00525 Document Filed 04/09/15 Page attorney 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: April 2015 Respectfully submitted, /s/ Paul Orfanedes Paul Orfanedes D.C. Bar No. 429716 JUDICIAL WATCH, INC. 425 Third Street, SW, Suite 800 Washington, 20024 (202) 646-5172 Attorney for Plaintiff Alliance Defending Freedom -4-