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FOIA Letter: Complaint
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UNITED STATES DISTRICT COURTFOR (the district where you have filed)
YOUR NAME,
your complete address
your telephone number
Plaintiff,
v.
NAME OF AGENCYWITHHOLDING FILES,
agency address
Defendant.
COMPLAINT FOR INJUNCTIVE RELIEF
1. This is an action under the Freedom of Information Act, 5 U.S.C. § 552, to order the production of agency records, concerning (insert very brief description of what you requested), which defendant has improperly withheld from plaintiff.
2. This court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B).
3. Plaintiff, (your name), is a news reporter (or researcher, author, historian) employed by (name of newspaper, station, university) and is the requester of the records which defendant is now withholding. Plaintiff has requested this information for use in a news story (broadcast, book, etc.) and prompt release of the information is (essential to meeting a deadline for publication; important because of the immediate public interest in this information, etc. Only include this material if it is factually relevant in your case. It will be necessary to prove "good cause" to convince the Court to expedite consideration of your case. If expedited processing is not necessary in your case, omit this sentence and paragraph (2) from the request for relief.)
4. Defendant (name of agency) is an agency of the United States and has possession of the documents that plaintiff seeks.
5. By letter dated (date), plaintiff requested access to (brief summary of request). A copy of this letter is attached as Exhibit 1.
6. By letter dated (date), plaintiff was denied access to the requested information on the grounds that it was exempt from disclosure under Exemption (fill in the numbers), 5 U.S.C. §§ 552(b)(fill in numbers). A copy of this letter is attached as Exhibit 2.
7. By letter dated (date), plaintiff appealed the denial of this request. A copy of this letter is attached as Exhibit 3.
8. By letter dated (date), plaintiff’s appeal was denied. A copy of this letter is attached as Exhibit 4.
9. Plaintiff has a right of access to the requested information under 5 U.S.C. § 552(a)(3), and there is no legal basis for defendant’s denial of such access.
WHEREFORE, plaintiff requests this Court:
(1) Order defendant to provide access to the requested documents;
(2) Expedite this proceeding as provided for in 28 U.S.C. § 1657;
(3) Award plaintiff costs and reasonable attorneys fees in this action, as provided in 5 U.S.C. § 552(a)(4)(E); and
(4) Grant such other and further relief as may deem just and proper.
Respectfully submitted,
Your signature goes here
____________________________
Name
Address
Dated: (date)