JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE

Filing 1

COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4442443) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons U.S. Attorney General, # 4 Summons U.S. DOJ)(Aldrich, Jason)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, DC 20024,

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Plaintiff,
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v.
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U.S. DEPARTMENT OF JUSTICE,
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950 Pennsylvania Avenue NW
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Washington, DC 20530-0001,
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Defendant.
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____________________________________)

Civil Action No.

COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department of
Justice to compel compliance with the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”).
As grounds therefor, Plaintiff alleges as follows:
JURISDICTION AND VENUE
1.

The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. § 1331.
2.

Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).
PARTIES

3.

Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization

incorporated under the laws of the District of Columbia and headquartered at 425 Third Street
S.W., Suite 800, Washington, DC 20024. Plaintiff seeks to promote transparency,
accountability, and integrity in government and fidelity to the rule of law. As part of its mission,
Plaintiff regularly requests records from federal agencies pursuant to FOIA. Plaintiff analyzes

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the responses and disseminates its findings and the requested records to the American public to
inform them about “what their government is up to.”
4.

Defendant U.S. Department of Justice is an agency of the United States

Government. Defendant has possession, custody, and control of records to which Plaintiff seeks
access. Defendant is headquartered at U.S. Department of Justice, 950 Pennsylvania Avenue
NW, Washington, DC 20530-0001.
STATEMENT OF FACTS
5.

On December 16, 2014, Plaintiff submitted a FOIA request to the Federal Bureau

of Investigation (“FBI”), a component of Defendant, seeking the following:
Any and all records concerning, regarding, or relating to a
deceased individual, named Adnan Gulshair el Shukrijumah.
This individual was born on August 4, 1975 in Saudi Arabia
and died on or about December 6, 2014 in South Waziristan,
Pakistan. As proof of death, I have enclosed a New York
Times article documenting the killing of Mr. Shukrijumah by
Pakistani military forces.
The request was submitted via certified mail and online via the FBI’s eFOIA system.
6.

By letter dated January 13, 2015, Defendant acknowledged receiving Plaintiff’s

request and advised Plaintiff that the request had been assigned FOIPA Request No. 1319574000.
7.

Pursuant to 5 U.S.C. § 552(a)(6)(A)(i), Defendant was required to determine

whether to comply with the FOIA request within twenty (20) working days of receipt of the
request and to notify Plaintiff immediately of its determination, the reasons therefor, and the
right to appeal any adverse determination.
8.

Defendant’s determination regarding Plaintiff’s FOIA request was due by

February 11, 2015 at the latest.

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9.

As of the date of this complaint, Defendant has failed to: (i) determine whether to

comply with Plaintiff’s FOIA request; (ii) notify Plaintiff of any such determination or the
reasons therefor; (iii) advise Plaintiff of the right to appeal any adverse determination; or (iv)
produce the requested records or otherwise demonstrate that the requested records are exempt
from production.
10.

Because Defendant has failed to comply with the time limit set forth in 5 U.S.C. §

552(a)(6)(A), Plaintiff is deemed to have exhausted any and all administrative remedies pursuant
to 5 U.S.C. § 552(a)(6)(C).
COUNT I
(Violation of FOIA, 5 U.S.C. § 552)
11.

Plaintiff realleges paragraphs 1 through 10 as if fully stated herein.

12.

Defendant is unlawfully withholding records requested by Plaintiff pursuant to

5 U.S.C. § 552.
13.

Plaintiff is being irreparably harmed by reason of Defendant’s unlawful

withholding of records responsive to Plaintiff’s FOIA request, and Plaintiff will continue to be
irreparably harmed unless Defendant is compelled to conform their conduct to the requirements
of the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to
conduct searches for any and all responsive records to Plaintiff’s FOIA request and demonstrate
that it employed search methods reasonably likely to lead to the discovery of records responsive
to Plaintiff’s FOIA request; (2) order Defendant to produce, by a date certain, any and all nonexempt records to Plaintiff’s FOIA request and a Vaughn index of any responsive records
withheld under claim of exemption; (3) enjoin Defendant from continuing to withhold any and
all non-exempt records responsive to Plaintiff’s FOIA request; (4) grant Plaintiff an award of
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attorneys’ fees and other litigation costs reasonably incurred in this action pursuant to 5 U.S.C. §
552(a)(4)(E); and (5) grant Plaintiff such other relief as the Court deems just and proper .
Dated: March 10, 2016

Respectfully submitted,
/s/ Jason B. Aldrich
Jason B. Aldrich
D.C. Bar No. 495488
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, DC 20024
[phone]
Counsel for Plaintiff

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