Robert L. Reeves, Bar no. 92878
Attorneys for Plaintiff, Allan J. Favish
UNITED STATES DISTRICT COURT
ALLAN J. FAVISH,
OFFICE OF THE INDEPENDENT COUNSEL,
NO. 97-1479 (WDK) (Ex)
COMPLAINT FOR INJUNCTIVE RELIEF UNDER FREEDOM OF INFORMATION ACT (5 U.S.C. ï¿½ 552)
Filed: March 6, 1997
1. This action is brought under the Freedom of Information Act (FOIA), as amended (5 USC ï¿½552(a)(4)(B)), and seeks a preliminary and final injunction thereunder against the defendant for withholding certain records from plaintiff. This action seeks an order that the records be disclosed.
2. Plaintiff is an individual resident of Los Angeles County, California. Defendant, Office of the Independent Counsel, is a federal administrative agency within the meaning of the Act.
3. Venue of this action is properly laid in this court.
4. Defendant, Office of the Independent Counsel, maintains certain records consisting of photographs taken in connection with the investigation into the death of Vincent Foster, as follows:
(A) The photographs of a gun that were published on pages 2406-2412 & 2436 of volume 2 of Hearings Relating to Madison Guaranty S&L and the Whitewater Development Corporation--Washington, DC Phase, S. Hrg. 103-889.
5. By letter dated January 6, 1997, plaintiff requested that defendant, through the appropriate officer or employee thereof, disclose the records described above to plaintiff and that it permit inspection and copying of the records. See exhibit 1, attached hereto. Such request was refused in writing by defendant on January 24, 1997, citing 5 U.S.C. ï¿½ï¿½ 552(b)(7)(A) & (C). See exhibit 2, attached hereto.
6. By letter dated January 28, 1997, plaintiff appealed defendant's denial of plaintiff's request. See exhibit 3, attached hereto.
7. By letter dated February 19, 1997, defendant denied plaintiff's appeal. See exhibit 4, attached hereto.
8. The records sought are not covered by the FOIA exemptions and defendant has waived all FOIA exemptions by voluntarily disclosing most of the requested records to third parties.
9. Plaintiff has employed attorneys to represent him in this action, and has incurred and will continue to incur expenses for attorney's fees and costs herein.
10. The subject records were and are identifiable records within the meaning of the Freedom of Information Act. Defendant's refusal to disclose the records to plaintiff was wrongful and without lawful reason or excuse, and plaintiff is entitled to the relief provided by the Act.
Wherefore, plaintiff prays:
1. For preliminary and final injunctions prohibiting defendant from withholding from plaintiff the subject records;
2. For preliminary and final injunctions directing defendant to make such records available to plaintiff and permit the inspection and copying thereof;
3. For attorney's fees and costs, and for such other and further relief as to the court may deem proper.
Dated: March 5, 1997
REEVES & HANLON, a PLC
ROBERT L. REEVES