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Judicial Watch • JW v DHS Complaint 4202011

JW v DHS Complaint 4202011

JW v DHS Complaint 4202011

Page 1: JW v DHS Complaint 4202011


Number of Pages:4

Date Created:April 14, 2011

Date Uploaded to the Library:February 20, 2014

Tags:4202011, complaint, DHS

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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(c). 
PARTIES Plaintiff non-profit, educational fowtdation 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 integrity, transparency, and 
JUDICIAL WATCH INC., 425 Third Street, Suite 800 Washington, 20024. 
601 South 12th Street 
Arlington, 22202, 

Defendant. Case: 11-cv-00725 Assigned To: Kennedy, Henry Assign. Date 4/14/2011 Description: FOIA/Privacy Act 
accountability govenunent and fidelity the rule law. furtherance its public interest 
mission, Plaintiff regularly requests access the public records foderal, state, and local 
government agencies: entities: and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 
United States Department Homeland Secmity, 601 South 12th Street, Arlington, 22202. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS February 16, 2011, Plaintiff sent FOIA request Defendant seeking access 
the following: 
Any and alt records communications, contacts, correspondence with the White House and/or Executive Office the President concerning report/memorandum prepared the direction the United States Secretary Homeland Security Janet Napolitano related Carlos Marinelly-Mantano, unlawfully present alien charged with killing Benedictine nun and injuring two others August 2010 drunk driving incident Prince William County, Virginia for the period October 2010 through February 15, 2011. 
Any and all records communications, contacts. colTespondence within the Department Homeland Security concerning report/memorandum prepared the direction the United States Secretary for Homeland Secmity Janet Napolitano related Carlos Marinelly-Mantano for the period October tlu-ough February 15, 2011. letter dated February 24, 2011, Defendant acknowledged receipt Plaintiffs 
FOTA request Februru.y 17, 2011. Pursuant U.S.C.  552(a){6)(A), Defendant was required respond Plaintiffs February 16, 2011 FOIA request within twenty {20) working days March 17, 
2011. 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, Defendant has failed respond the request any 
manner. 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.  552(a){6){C). 
(Violation ofFOIA, U.S.C.  552) 
Plaintiff rcalleges paragraphs through iffully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant 

Plaintiff being irreparably harmed reason ofDefendanfs 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, Plaintiffrespectfully requests that the Court: (1) order Defendant 
conduct search for any and all responsive records Plaintiff's 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 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 FOlA 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: April 14, 2011 Respectfully submitted, 

Bar No. 429716 

Bar No. 995749 

425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys/or Plaintiff