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FOI Key How To Use The Federal FOI Act
Sample FOI Act Complaint

UNITED STATES DISTRICT COURT
FOR (the District where you are filing)

YOUR NAME,
your complete address
your telephone number

        Plaintiff,

        v.

NAME OF AGENCY WITHHOLDING 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 requestor 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.)1

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), plaintiffs 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 defendants 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 it may deem just and proper.

        Respectfully submitted,

 

        Your signature
        Your name
        Your address

        Dated: (date)

1. 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 review is not necessary in your case, omit this sentence and paragraph (2) from the prayer for relief.


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