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Judicial Watch • JW v DHS 01179 TSA assaults

JW v DHS 01179 TSA assaults

JW v DHS 01179 TSA assaults

Page 1: JW v DHS 01179 TSA assaults

Category:Legal Document

Number of Pages:4

Date Created:July 11, 2014

Date Uploaded to the Library:May 05, 2015


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Case 1:14-cv-01179 Document Filed 07/11/14 Page THE UNITED STATES DISTRICT COURT
425 Third Street. SW. Suite 800
Washington, DC. 20024,
Plaintiff, Action No.
Office the General Counsel
245 Murray Lane
Washington. 20528-0485
Plaintiff Judicial Watch. Inc. brings this action against Defendant United States
Department Homeland Security compel compliance with the Freedom Information Act.
U.S.C. 552 FOIA). grounds therefor, Plaintiff alleges follows:
JURISDICT AND VENUE The Court has juris tion over this action pursuant U.S.C. 552 (a)(4)(B)
and U_S.C. 133]. Venue proper this district pursuant U.S.C. l391(_ e).
PARTIES Plaintiff Judicial Watch. Inc. not-for-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 transparency,
accountability. and integrity government. politics, and the law. part its educational
Case 1:14-cv-01179 Document Filed 07/11/14 Page
mission, Plaintiff regularly request. under FOIA shed light the operations the
federal government and educate the public about these operations. Plaintiff then analyzes the
agency records and disseminates the results its analysis. well the records themselves,
the public. Defendant States Department ofl-Iomeland Security agency ofthe
United States Governnrerit and lieadqtrartered United States Depamnent Homeland
Security. 601 South lid Street, Arlington, 22202. Defendant has on, custody. and
control records which Plaintiff seeks access.
EIWENT FACTS March 2014, Plaint rbmitted FOIA request the Transportation
Security Administration (TSA), component Defenda seeking access the following
Any and all passenger complaint forms (referred yellow cards
From memoranda, and Incident Reports filed 2013 the follow
airports: Dulles International Airport, Chicago Hare International Airport,
Denver International port, Miami International Airport. and Los Angeles
International Airp subscqucntly acknowledged receipt ofPlaintiff FOIA request and assigned
the request reference number TSA FOIA #2014-TSFA-00246. March 13, 2014, Plaintiff agreed narrow the scope its FOIA request,
TSA request, the followrn Incident Reports relating [Transpor1ation Security Officers]
accused assaults relating sexual misconduct 2013 the airports identified the
original request. Pursuant U.S.C. 552(a)(6)(A)(i), TSA was required determine whether
rnply with the request within twenty (20) working days after Plaintiff agreed narrow the
Case 1:14 cv-01179 Document Filed 07/11/14 Page
request. Pursuant this same provision, TSA also was required notify Plaintiff immediately its detennination. the reasons therefor, and the right appeal any adverse determination.
TSA detennination and noti cation Plaintiff was due later than April 10. 2014. ofthe date ofthis Complaint. TSA has failed to: ti) determine whether
comply with Plaintiffs request: (ii) notify Plaintiff any such determination the reasons
therefo Plaint the right appeal any adverse determination: (iv) produce the
requested rect otherwise demonstrate that the requested records are exempt from
Because TSA failed comply with the time limit set U.S.C.
522(a)( 6)( A), Plaintiff deemed have exhausted any and all adm trative remedies with
respect its request, pursuant U.S.C. 552(a)(_6)(C).
(Violation FOIA. U.S.C. 52)
11. Plaintiff realleges paragraphs through fully stated herein.
12. Defendant unlawfully withholding public records requested Plaintiff
pursuant U.S.C
13. Plaintiff being irreparably harmed reason Defendant unlawful
withholding the requested public records, and Plaintiff will continue irreparably harmed
unless Defendant compelled conform its conduct the requirements the law.
WHEREFORE. Plaintiff respectfully requests that the Court: (I) order Defendant
iduct search for any and all reco sponsive 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
Case 1:14-cv-01179 Document Filed 07/11/14 Page
records withhold under Claim exemption; (3) cnjoin Defendant from continuing withhold
any and all non-exempt records responsive Plaintiffs FOIA request: (4) 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
Dated: July ll, 2014 Respectfully Submitted,
/s/ David Rothstein
D.C. Bar No. 450035
425 Third Street. SW.. Suite 800
Washington, 20024
(202) 646-5172 tmrneys Plaintiff