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Judicial Watch • JW v DOJ 02212 Minneapolis explosion

JW v DOJ 02212 Minneapolis explosion

JW v DOJ 02212 Minneapolis explosion

Page 1: JW v DOJ 02212 Minneapolis explosion

Category:Legal Document

Number of Pages:4

Date Created:December 30, 2014

Date Uploaded to the Library:April 01, 2015

Tags:Judicial Watch, Minneapolis, investigation, complaint, justice, ATF, filed, FBI, document, department, FOIA, Washington, court


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Case 1:14-cv-02212-CRC Document Filed 12/30/14 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.,
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Justice 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. 1391(e).
PARTIES
Plaintiff Judicial Watch, Inc. 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 records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:14-cv-02212-CRC Document Filed 12/30/14 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice agency the United States
Government and headquartered U.S. Department Justice, 950 Pennsylvania Avenue,
N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS January 2014, apartment building exploded the Cedar-Riverside
neighborhood Minneapolis, Minnesota, resulting persons being injured, them
critically. Three the victims died.
According news reports, the Federal Bureau Investigation FBI and the
Bureau Alcohol, Tobacco, Firearms and Explosives ATF assisted and were involved the
subsequent investigation. For example, high-level law enforcement official reportedly told
KSTP Eyewitness News that the FBI checking the backgrounds the people who live
the apartments, the property owners, and others connected those people rule out the
possibility criminal intent. FrontPage Magazine reported that Greg Boosalis, the
supervisory special agent with the FBI Minneapolis, told the press that there was evidence terrorist activity, indicating least some level FBI involvement the investigation. March 12, 2014, Plaintiff sent FOIA request the FBI, component
Defendant, seeking the following records related the explosion:
Any and all records regarding, concerning related the
investigation the January 2014 explosion and fire
the Cedar-Riverside apartment complex Minneapolis,
Minnesota, based searches the FBI Electronic Case
File system, Central Records System and Electronic
Surveillance records, well any cross-referenced files
Case 1:14-cv-02212-CRC Document Filed 12/30/14 Page
concerning the explosion and fire. The involvement the
FBI investigating the incident discussed the
enclosed media report.
Attached the request was one the news reports referencing the FBI involvement the
investigation. Plaintiff also sent FOIA request AFT. March 21, 2014, the FBI acknowledged receipt Plaintiff request and
assigned FOIPA Request No. 1257218-000. letter dated March 24, 2014, the FBI informed Plaintiff that was unable
identify main file records responsive the FOIA.
10.
Plaintiff appealed the FBI determination March 27, 2014, again citing news
reports referencing the FBI involvement the investigation the explosion.
11. April 2014, the Office Information Policy OIP component
Defendant, acknowledged receipt Plaintiff appeal and assigned number AP-2014-02353.
12. letter dated July 2014, OIP determined that the FBI action was correct
and that conducted adequate, reasonable search for such records.
13.
Because OIP affirmed Defendant denial Plaintiff request, Plaintiff has
exhausted all administrative remedies with respect the request.
14.
Plaintiff subsequently received record from the ATF, dated January 2014,
stating that FBI was monitoring the investigation. The record provides further confirmation
the FBI involvement the investigation and demonstrates that the FBI failed conduct
search reasonably likely locate records regarding its involvement.
COUNT
(Violation FOIA, U.S.C. 552)
15.
Plaintiff realleges paragraphs through fully stated herein.
Case 1:14-cv-02212-CRC Document Filed 12/30/14 Page
16.
Defendant violated FOIA failing conduct search reasonably likely lead the discovery records responsive Plaintiff request and unlawfully withholding
records responsive the request.
17.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
demonstrate that employed search methods reasonably likely lead the discovery
records responsive Plaintiff request; (2) order Defendant produce, date certain, any
and all non-exempt records responsive the request and Vaughn index any responsive
records withheld under claim exemption; (3) enjoin Defendant from continuing withhold
any and all non-exempt records responsive the request; (4) grant Plaintiff award
attorney 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: December 30, 2014
Respectfully submitted,
JUDICIAL WATCH, INC.
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff