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Judicial Watch • JW v DHS Complaint 03232011 2

JW v DHS Complaint 03232011 2

JW v DHS Complaint 03232011 2

Page 1: JW v DHS Complaint 03232011 2


Number of Pages:3

Date Created:March 24, 2011

Date Uploaded to the Library:February 20, 2014

Tags:03232011, complaint, DHS

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Kessler, Gadys 
JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 Washington, 20024,  
Plaintiff, cas:  1-11 cv-00606 To. 
UNITED STATES DEPARTMENT HOMELAND SECURITY, 601 South 12th Street Arlington, 22202, 

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: 
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 non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, W., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest Plaintiff responded Defendant's July 13, 2010 e-mail July 19, 2010. 
Plaintiffs response included detailed list the DHS components that Plaintiff wanted 
searched well further clarification the request. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiff's July 2010 FOIA request within twenty (20) working days August 2010. the date this Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than acknowledge receipt the request and ask for clarification the request, Defendant has 
failed respond the request any manner. 
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 with 
respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant 

Plaintiff being irreparably harmed reason Defendant's unlawful u.s.c.  552. 
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 FOJA request and demonstrate that employed search methods sonably 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 records 
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all 
non-exempt records responsive Plaintiffs FOlA request; (4) grant Plaintiff award 
attorneys' fees and other 11tigation 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: March 21, 2011 Respectfully submitted, 
Bar No. 429716 

Bar No. 495488 Suite 800 

425 Third Street, S.W. Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff