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Lawsuit # 3 is a FOIA Lawsuit.
Case 6:24-cv-00016 Document 1 Filed on 05/30/24 in TXSD
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
TARGETED JUSTICE, INC.
a 501(c)(3) Texas Corporation;
Plaintiff,
Vs.
CIVIL NO.
OFFICE OF THE ATTORNEY GENERAL,
UNITED STATES DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue
NW, Washington, DC 20530-0001
Defendant.
COMPLAINT
TO THE HONORABLE COURT:
COMES NOW Targeted Justice, Inc., through the undersigned attorney, and respectfully
alleges and prays:
1. This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552
for injunctive and other appropriate relief. Plaintiff Targeted Justice (TJ) seeks the immediate
processing and timely release of agency records from Department of Justice’s Office of the
Attorney General.
PARTIES
2. Targeted Justice, Inc. (TJ). is a 26 USC § 501(c)(3) non-profit, non-partisan Texas
educational, human rights, public interest and media organization with a membership of over
four thousand individuals. TJ maintains the website www.targetedjustice.com that averages over
50,000 views in thirty days and publishes a newsletter in www.targetedjustice.substack.com that
exceeds 13,000 subscribers and over 150,000 views a month.
3. TJ is a news media organization engaged in disseminating information among the
public about actual or alleged Federal Government activity that meets the criteria contained in 5
U.S.C. § 552(a)(6)(E)(v)(II).
4. Defendant Office of the Attorney General is a department of the executive branch
of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).
JURISDICTION AND VENUE
5. This Court has jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §
1331.
6. Venue lies in the Southern District of Texas, Victoria Division, pursuant to 5
U.S.C. § 552(a)(4)(B), because it is the district within which Plaintiff has its principal place of
business.
FACTS
7. On January 31, 2024, TJ served a FOIA request on defendant requesting the following
records:
a. All documents by any Attorney General or his/her designee containing
waivers to the “reasonable suspicion criteria” requirement to place
individuals’ identities on the Terrorist Screening Database pursuant to 58
FR 48452 § 23.20(o)/ 28 CFR § 23.20 (o).
b. All documents by any Attorney General or his/her designee containing
waivers to any and all requirements to place individuals on the Terrorist
Screening Database, issued under the authority of 58 FR 48452 § 23.20(o)/
28 CFR § 23.20 (o). Exhibit 1.
8. On February 13, 2024, the Department of Justice’s Office of Information Policy
issued an acknowledgment letter, confirming it had received the request on February 5, 2024,
assigning the FOIA control number FOIA-2024-01043 and denying Plaintiff’s request for
expedited processing. Exhibit 2.
9. In the same communication, the Office of Information Policy requested an
additional ten (10) days in excess of the statutory limit that expired on March 8, 2024.
10. More than two months after the expiration of the statutory time and extension
requested to respond to the request, defendant has not replied to it.
11. To date, TJ has not received any responsive records or Vaughn Index in reply to
the FOIA request.
12. TJ sought a waiver of search, review, and duplication fees on the ground that
disclosure of the requested records is “in the public interest because it is likely to significantly
contribute to public understanding of the operations or activities of the government and is not
primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii).
13. TJ also sought a limitation of fees on the ground that the records sought were to
report the results of its endeavor since TJ qualifies as a “representative of the news media” and
the records were not sought for commercial use. 5 U.S.C. § 552(a)(4)(A)(ii)(II).
14. TJ also requested that for any records that Defendant failed to produce, the
agency provide a Vaughn Index and declaration setting forth reasonably detailed explanation for
each withheld document as to why it falls within any statutory exemption. See Vaughn v. Rosen,
484 F.2d 820 (D.C. Cir. 1973).
CAUSES OF ACTION
15. Defendant’s failure to make a reasonable effort to search for records sought by
the Request violates the FOIA, 5 U.S.C. § 552(a)(3), and Defendant’s corresponding regulations.
16. Defendant’s failure to timely respond to the Request violates the FOIA, 5 U.S.C.
§ 552(a)(6)(A), and Defendant’s corresponding regulations.
17. Defendant’s failure to make promptly available the records sought by the Request
violates the FOIA, 5 U.S.C. § 552(a)(3), and Defendant’s corresponding regulations.
18. Defendant’s failure to grant Plaintiffs’ request for a waiver of fees violates the
FOIA, 5 U.S.C. § 552(a)(4)(A)(iii), and Defendant’s corresponding regulations.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff asks this Court to GRANT the following relief:
1. Find improper Defendants’ withholding of the requested record pursuant to FOIA;
2. Order Defendant to conduct a thorough search for all responsive records;
3. Order Defendant to immediately process and release all records responsive to the
Request;
3. Enjoin Defendant from charging Plaintiff search, review, processing, and duplication
fees in connection with responding to the Request;
4. Award Plaintiff costs and reasonable attorneys’ fees in this action; and
5. Grant such other relief as the Court may deem just and proper.
Respectfully submitted,
ANA LUISA TOLEDO
/s/Ana Luisa Toledo
Attorney for Plaintiffs
PO Box 15990
Houston, TX 77220-1590
Case 6:24-cv-00016 Document 1 Filed on 05/30/24 in TXSD
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
TARGETED JUSTICE, INC.
a 501(c)(3) Texas Corporation;
Plaintiff,
Vs.
CIVIL NO.
OFFICE OF THE ATTORNEY GENERAL,
UNITED STATES DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue
NW, Washington, DC 20530-0001
Defendant.
COMPLAINT
TO THE HONORABLE COURT:
COMES NOW Targeted Justice, Inc., through the undersigned attorney, and respectfully
alleges and prays:
1. This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552
for injunctive and other appropriate relief. Plaintiff Targeted Justice (TJ) seeks the immediate
processing and timely release of agency records from Department of Justice’s Office of the
Attorney General.
PARTIES
2. Targeted Justice, Inc. (TJ). is a 26 USC § 501(c)(3) non-profit, non-partisan Texas
educational, human rights, public interest and media organization with a membership of over
four thousand individuals. TJ maintains the website www.targetedjustice.com that averages over
50,000 views in thirty days and publishes a newsletter in www.targetedjustice.substack.com that
exceeds 13,000 subscribers and over 150,000 views a month.
3. TJ is a news media organization engaged in disseminating information among the
public about actual or alleged Federal Government activity that meets the criteria contained in 5
U.S.C. § 552(a)(6)(E)(v)(II).
4. Defendant Office of the Attorney General is a department of the executive branch
of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).
JURISDICTION AND VENUE
5. This Court has jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §
1331.
6. Venue lies in the Southern District of Texas, Victoria Division, pursuant to 5
U.S.C. § 552(a)(4)(B), because it is the district within which Plaintiff has its principal place of
business.
FACTS
7. On January 31, 2024, TJ served a FOIA request on defendant requesting the following
records:
a. All documents by any Attorney General or his/her designee containing
waivers to the “reasonable suspicion criteria” requirement to place
individuals’ identities on the Terrorist Screening Database pursuant to 58
FR 48452 § 23.20(o)/ 28 CFR § 23.20 (o).
b. All documents by any Attorney General or his/her designee containing
waivers to any and all requirements to place individuals on the Terrorist
Screening Database, issued under the authority of 58 FR 48452 § 23.20(o)/
28 CFR § 23.20 (o). Exhibit 1.
8. On February 13, 2024, the Department of Justice’s Office of Information Policy
issued an acknowledgment letter, confirming it had received the request on February 5, 2024,
assigning the FOIA control number FOIA-2024-01043 and denying Plaintiff’s request for
expedited processing. Exhibit 2.
9. In the same communication, the Office of Information Policy requested an
additional ten (10) days in excess of the statutory limit that expired on March 8, 2024.
10. More than two months after the expiration of the statutory time and extension
requested to respond to the request, defendant has not replied to it.
11. To date, TJ has not received any responsive records or Vaughn Index in reply to
the FOIA request.
12. TJ sought a waiver of search, review, and duplication fees on the ground that
disclosure of the requested records is “in the public interest because it is likely to significantly
contribute to public understanding of the operations or activities of the government and is not
primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii).
13. TJ also sought a limitation of fees on the ground that the records sought were to
report the results of its endeavor since TJ qualifies as a “representative of the news media” and
the records were not sought for commercial use. 5 U.S.C. § 552(a)(4)(A)(ii)(II).
14. TJ also requested that for any records that Defendant failed to produce, the
agency provide a Vaughn Index and declaration setting forth reasonably detailed explanation for
each withheld document as to why it falls within any statutory exemption. See Vaughn v. Rosen,
484 F.2d 820 (D.C. Cir. 1973).
CAUSES OF ACTION
15. Defendant’s failure to make a reasonable effort to search for records sought by
the Request violates the FOIA, 5 U.S.C. § 552(a)(3), and Defendant’s corresponding regulations.
16. Defendant’s failure to timely respond to the Request violates the FOIA, 5 U.S.C.
§ 552(a)(6)(A), and Defendant’s corresponding regulations.
17. Defendant’s failure to make promptly available the records sought by the Request
violates the FOIA, 5 U.S.C. § 552(a)(3), and Defendant’s corresponding regulations.
18. Defendant’s failure to grant Plaintiffs’ request for a waiver of fees violates the
FOIA, 5 U.S.C. § 552(a)(4)(A)(iii), and Defendant’s corresponding regulations.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff asks this Court to GRANT the following relief:
1. Find improper Defendants’ withholding of the requested record pursuant to FOIA;
2. Order Defendant to conduct a thorough search for all responsive records;
3. Order Defendant to immediately process and release all records responsive to the
Request;
3. Enjoin Defendant from charging Plaintiff search, review, processing, and duplication
fees in connection with responding to the Request;
4. Award Plaintiff costs and reasonable attorneys’ fees in this action; and
5. Grant such other relief as the Court may deem just and proper.
Respectfully submitted,
ANA LUISA TOLEDO
/s/Ana Luisa Toledo
Attorney for Plaintiffs
PO Box 15990
Houston, TX 77220-1590
Targeted Individuals
individuos apuntados
Individuo dirigido
Personne ciblée
Individu ciblé
فرد مستهدف
目标个人
目標個人
लक्षित व्यक्ति
Individu yang Disasarkan
Целевая личность
লক্ষ্যযুক্ত ব্যক্তি
Indivíduo segmentado
対象者
Zielgruppe
Diangkah Individu
대상 개인
Hedeflenen Birey
Cá nhân được nhắm mục tiêu
లక్ష్యంగా ఉన్న వ్యక్తి
लक्ष्यित वैयक्तिक
இலக்கு தனிநபர்
Individuo mirato
نشانہ انفرادی۔
લક્ષ્યાંકિત વ્યક્તિગત
Ukierunkowana osoba
Цільова особа
فردی هدفمند
ടാർഗെറ്റുചെയ്ത വ്യക്തിഗത
ಉದ್ದೇಶಿತ ವೈಯಕ್ತಿಕ
ਨਿਸ਼ਾਨਾ ਵਿਅਕਤੀਗਤ
ඉලක්කගත තනි පුද්ගලයෙකි
Individual vizat
Məqsədli Fərdi