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Judicial Watch • JW v DOJ Nation of Islam Mosque complaint 02468

JW v DOJ Nation of Islam Mosque complaint 02468

JW v DOJ Nation of Islam Mosque complaint 02468

Page 1: JW v DOJ Nation of Islam Mosque complaint 02468

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Number of Pages:5

Date Created:November 15, 2017

Date Uploaded to the Library:November 16, 2017

Tags:02468, mosque, Nation, Islam, orfanedes, search, Pennsylvania, complaint, responsive, defendant, plaintiff, request, FBI, records, DOJ, department, FOIA, Washington


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THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc.
Department Justice
brings this action against Defendant U.S. compel compliance with the Freedom Information
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 SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
the responses receives and disseminates its findings and any responsive records the
Defendant U.S. Department Justice agency the
United States Government and headquartered 950 Pennsylvania Avenue NW, Washington, 20530-0001. information and belief, Defendant has possession, custody, and control
records which Plaintiff seeks access.
STATEMENT FACTS May 15, 2017, Plaintiff submitted FOIA request the Federal Bureau component Defendant, seeking the following:
Any and all records concerning the Nation Islam Mosque Harlem,
Manhattan, New York City, the building located 102 West 116th Street.
This request includes, but not limited to, all informant, wiretap, electronic
surveillance, and physical surveillance records relevant the Nation
Islam Mosque #7, located 102 West 116th Street, New York City.
The time frame for the request was identified January 1970 January 1973.
Plaintiff
FBI search the following nine record
systems believed likely contain responsive records:
the Automated Cas
the Sentinel Case Management system
including the Electronic Surveillance Data Management
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all files and indices the New York Office;
all manual indices related the time frame and subject
this FOIA; and
fers March 29, 2010 Boston Globe report about
particular location that houses information and belief, the FBI had conducted domestic
spy operations against the Nation Islam and Mosque during the time period specified Nation Islam Mosque also was the scene the 1972 shooting death
New York Police Department Officer Phillip Cardillo, who had responded
later believed have been ruse lure officers the location.
and advised
Plaintiff that the request has been assigned reference number 1374082-000. The FBI also
advised Plaintiff that FOIA. The letter did not indicate whether the FBI had searched the
other record systems specified the request. August 2017, Plaintiff submitted timely administrative appeal challenging
Plaintiff
reiterated that its request had identified nine
databases reasonably believed contain responsive records. Plaintiff
also identified
specific search terms believed the FBI should have used locate responsive records.
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10.
appeal and advised Plaintiff the appeal had been assigned reference number DOJ-AP-2017005944.
11. September 14, 2017, Defendant affirmed the denial
concluding that the FBI had
requested.
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Defendant has violated FOIA failing and/or refusing employ search methods
reasonably likely lead the discovery records responsive
accordingly, failing and/or refusing produce any and all non-exempt records responsive the
request.
14.
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
15.
Because Defendant request appeal,
Plaintiff has exhausted its administrative remedies.
16.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive
employed search methods reasonably likely lead the discovery records responsive the
request; (2) order Defendant produce, date certain, any and all non-exempt records
and Vaughn index any responsive records withheld under claim
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exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records
responsive the
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: November 15, 2017
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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