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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.
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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
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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
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