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Judicial Watch • JW v PHOENIX 012018

JW v PHOENIX 012018

JW v PHOENIX 012018

Page 1: JW v PHOENIX 012018


Number of Pages:4

Date Created:October 6, 2014

Date Uploaded to the Library:October 08, 2014

Tags:complaint, ATF, FBI

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Michael Napier, State Bar No. 002603 NAPIER, COURY BAILLIE, P.C. 
2525 East Arizona Biltmore Circle 
Suite 135 
Phoenix, Arizona 85016 
{602) 248-9107 

Plaintiff, COMPLAINT (Statutory Special Action}vs.
CITY PHOENIX, municipal
Corporation the State
Arizona, Defendant. 
Plaintiff Judicial watch, Inc. brings this special action 
against Defendant City Phoenix compel compliance with the Arizona Public Records Law, A.R.S.  39-121 seq. grounds 
therefor, Plaintiffs allege follows: 
PARTIES, JURISDICTION, AND VENUE Plaintiff Judicial Watch, Inc. ("Judicial Watch") not-for-profit, educational organization incorporated under the 
laws the District Columbia and headquartered 425 Third 
Street s.w., Suite 800, Washington, 20024. Plaintiff seeks 
promote transparency, integrity, and accountability 
government and fidelity the rule law. part its 

mission, Plaintiff regularly requests access the public 
records federal, state, and local government agencies, 
entities, and offices. Plaintiff analyzes the responses and 
disseminates its findings and the requested records the American public inform them about "what their government to." Defendant City Phoenix ("Defendant") municipal corporation organized under the laws the State Arizona and "Public body" defined A.R.S.  39-121.01. 

The Court has jurisdiction over this action pursuant A.R.S.  39-121.02 and Rule 4{a) Arizona Rules 
Procedure for Special Actions. Venue proper pursuant A.R.S.  12-401 and Rule 
4(b) Arizona Rules Procedure for Special Actions. 
STATEMENT FACTS August 2014, via certified mail, Judicial Watch 
requested that Defendant provide access and copies the following public records: Complete copy (including supplements) Phoenix 
Police Department report 2013-01344558 (621 30th 
Pl., Prue. around July 29, 2013). Including but not limited copies crime scene photographs, 
impound property invoices, audio interviews, case status reports, booking slips, charging documents, and 
Maricopa County Attorney court/trial/case disposition records. Copies related Phoenix Police Department, ATF 
(Bureau Alcohol, Tobacco, Firearms and Explosives), 
DEA (Drug Enforcement Administration), FBI (Federal Bureau Investigation) and/or Homeland Security 
reports documented 2013-01344558. Including but not limited copies related Phoenix Police, 
ATF, DEA, FBI and/or Homeland Security search and 
arrest warrants, affidavits, photographs, audio 	interviews, booking slips, charging documents and 
property invoices created and/or served around 
August 22, 2013 locations Quail Track Dr. and 
Monterosa St. related 2013-01344558. According U.S.P.S. records, Defendant received 
Judicial Watch's request August 2014. Pursuant A.R.S.  39-121.0l{D) (1), Defendant was 
required promptly furnish responsive records. the date this Special Action, Defendant has neither acknowledged nor responded Judicial Watch's request. Defendant has failed produce any records responsive 
Judicial Watch's request demonstrate that responsive records are 	exempt from production. Nor has Defendant indicated whether when any responsive records will produced. sum, Defendant continues deny Judicial Watch access the 
requested records violation A.R.S.  39-121 seq. 
COUNT  (Violation Arizona Public Records Law Produce Provide Access)  -Failure  Plaintiff  re-alleges paragraphs  through  fully  stated  herein. 

10. Defendant has violated Arizona Public Records Law 
improperly withholding information and failing provide access the requested records their entirety. 
11. Plaintiff being irreparably harmed reason 
Defendant's violation the Arizona Public Records Law, and 
Plaintiff will continue irreparably harmed unless Defendant compelled comply with the requirements the 
Arizona Public Records Law. 

WHEREFORE, Plaintiff respectfully prays that the Court: (1) 
issue order compelling Defendant immediately provide 
access the requested public records; (2) award damages, 
costs, and attorneys' fees pursuant A.R.S.  39-121.02 and 
Rule 4{g) the Arizona Rules Procedure for Special Actions; 
and (3) grant Plaintiff such other relief the Court deems 
just and proper. 
Dated: October .2..., 2014 

Michael Napier, ate Bar No. 002603 2525 East Arizona Biltmore Circle 
Suite 135 
Phoenix, Arizona 85016 
(602) 248-9107 
Attorneys for Plaintiff Judicial Watch, Inc.