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Judicial Watch • Hartley v FBI Complaint 9162011

Hartley v FBI Complaint 9162011

Hartley v FBI Complaint 9162011

Page 1: Hartley v FBI Complaint 9162011


Number of Pages:4

Date Created:September 15, 2011

Date Uploaded to the Library:February 20, 2014

Tags:hartley, appeal, Plaintiffs, responsive, defendant, filed, plaintiff, request, document, records, FBI, court, district, EPA, CIA

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c/o Judicial Watch, Inc.  
425 Third Street, SW, Suite 800  
Washington, D.C. 20024,  
Plaintiff,  Civil Action No.  
935 Pennsylvania Avenue  
Washington D.C., 20535-0001,  

Plaintiff Tiffany Hartley brings this action against Defendant Federal Bureau Investigation ("FBI") 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.  139l(e). 
PARTIES Plaintiff Tiffany Hartley individual and resident the state Colorado. Plaintiffs husband, David Hartley, was shot September 30, 2010 while Plaintiff and her husband were jet-skiing Falcon International Reservoir, which located between Texas and the Mexican state Tamaulipas. Plaintiffs husband fell into the reservoir after being shot. has never been found and presumed dead. Law enforcement authorities reportedly believe that drug cartel gunmen killed Plaintiffs husband. suspected that Plaintiff seeking records about the U.S. Government's response her husband's death. Defendant agency the U.S. Government and headquartered 935 Pennsylvania Avenue Northwest, Washington D.C., 20535-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 2011, Plaintiff submitted FOIA request Defendant, facsimile and certified mail, seeking access the following public records: 
Any and all records concerning, regarding, relating the September 30, 2010 shooting and presumed death David Hartley Falcon International Reservoir ("Falcon Lake") hereafter "September 30, 2010 incident") located between Texas and the Mexican state Tamaulipas; 

Any and all records any investigation( conducted the Department Justice concerning, regarding, relating the September 30, 2010 incident; Any and all records communications, contacts, correspondence concerning, regarding, relating the September 30, 2010 incident any investigation(s) the September 30, 2010 incident between the Department Justice and any the following: Any employees, officials representatives the U.S. Government; 
Any employees, officials representatives the Mexican Government; 
Any employees, officials representatives the state Texas; 

Any employees, officials, representatives the state Colorado; 
Tiffany Hmiley, widow David Hartley, any representatives Ms. Hartley; 

vi. Any other entity, organization, individual not specifically described above. 
The timeframe for this request was identified September 30, 2010 June 2011. letter dated June 16, 2011, Defendant denied Plaintiffs request, claiming that any responsive records were exempt from production. June 21, 2011, Plaintiff administratively appealed the denial her request. letter dated July 2011, Defendant acknowledged that had received Plaintiffs administrative appeal June 29, 2011. 
Pursuant U.S.C.  552(a)(6))A)(ii), Defendant's response Plaintiffs 

administrative appeal was due within twenty working days June 29, 2011, July 28, 2011. 
10. the date this Complaint, Defendant has failed produce any records responsive Plaintiffs June 2011 FOIA request, demonstrate that responsive records are exempt from production, respond Plaintiffs June 21, 2011 administrative appeal. 

Because Defendant has 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 her June 2011 FOIA request pursuant U.S.C.  552(a)(6)(C). 

(Violation FOIA, U.S.C.  552) 

12. 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 Plaintiff's June 2011 FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff'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 Plaintiff's FOIA request; 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: September 15, 2011 Respectfully submitted, 

D.C. Bar No. 10011557 425 Third Street, SW, Suite 800 Washington, 20024 
(202) 646-5172 
Attorney for Plaintiff