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HRDC v. DOJ, WA, Complaint, DEA FOIA, 2020

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Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 1 of 26

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HUMAN RIGHTS DEFENSE CENTER, a
Washington nonprofit corporation,

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Plaintiff,
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v.
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UNITED STATES DEPARTMENT OF
JUSTICE; and its component, DRUG
ENFORCEMENT ADMINISTRATION,

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Defendants.
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No.
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF FOR
VIOLATION OF THE FREEDOM OF
INFORMATION ACT, 5 U.S.C. § 552

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Plaintiff Human Rights Defense Center respectfully submits this Complaint for

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declaratory and injunctive relief finding the U.S. Department of Justice and the Drug

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Enforcement Administration have violated their legal obligations under the Freedom of

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Information Act (“FOIA”), 5 U.S.C. § 552 et seq., and ordering them to comply with those

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obligations.

I.

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1.

INTRODUCTION

In May 2019, Human Rights Defense Center (“HRDC”) submitted a written

request under the FOIA for records held by Defendant Drug Enforcement Administration, a law

Davis Wright Tremaine LLP

COMPLAINT - 1

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 2 of 26

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enforcement component of the U.S. Department of Justice (collectively, “DEA” or

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“Defendants”). The requested records concerned DEA’s settlement payments to resolve claims

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against the Agency and its employees. After DEA objected to the scope of the records request,

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HRDC revised its request to accommodate DEA’s purported difficulties in searching for the

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requested records. To date, however, DEA has utterly failed its obligations under the FOIA to

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provide the public records that HRDC seeks. HRDC requests that this Court order DEA to

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comply; enjoin DEA from further neglecting its duties under federal law; and reimburse HRDC

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the legal fees and costs it has incurred in this action.

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II.
2.

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PARTIES

Plaintiff HRDC is a nonprofit charitable organization incorporated under the

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laws of the State of Washington and recognized as tax exempt under IRS Code § 501(c)(3).

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The core of HRDC’s mission is public education, prisoner education, advocacy, and outreach in

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support of the rights of prisoners and in furtherance of basic human rights. Among other

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publications, HRDC distributes the preeminent news publication across penological institutions

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in the United States: Prison Legal News (“PLN”).
3.

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Defendant United States Department of Justice (“DOJ”) is the Department

responsible for the enforcement of federal law. DEA is one of its component agencies.
4.

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Defendant Drug Enforcement Administration (“DEA”) is the lead federal

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agency responsible for domestic enforcement of the Controlled Substances Act and other

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federal laws related to manufacturing, smuggling, and distribution of narcotics.
II.

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5.

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JURISDICTION AND VENUE

This Court has jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1331.

Davis Wright Tremaine LLP

COMPLAINT - 2

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 3 of 26

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6.

Venue lies properly in this Court pursuant to 5 U.S.C. § 552(a)(4)(B) because

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HRDC is incorporated and resides in this judicial district. Furthermore, venue is proper under

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28 U.S.C. § 1391 because HRDC’s requests and communications were sent from Seattle,

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Washington, and therefore, a substantial part of the events giving rise to the claim occurred in

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this judicial district.

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III.
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FACTUAL BACKGROUND

HRDC currently distributes dozens of different criminal justice, legal and self-

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help titles, including its prolific monthly periodical that reports and analyzes criminal justice

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news on a national level: PLN. Produced continuously since 1990, the publication has

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approximately 5,000 subscribers in 50 states, including lawyers, journalists, judges, courts,

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public libraries, and universities. Surveys indicate that PLN’s readership is approximately ten

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times the subscriber number. HRDC also maintains a listserv and a website at

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www.prisonlegalnews.org, which receives approximately 100,000 visitors per month,

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according to site analytics. HRDC publishes books about the criminal justice system and legal

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issues for use by prisoners, lawyers, courts, libraries, and other members of the general public.

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HRDC also publishes Criminal Legal News (“CLN”), a monthly 56-page

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magazine that reports on criminal law and procedure, police civil rights litigation, policing,

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prosecutorial misconduct, sentencing issues and mass incarceration. CLN currently has

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approximately 1,400 subscribers in all 50 states and its website, www.criminallegalnews.org,

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receives tens of thousands of visitors each month.

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9.

HRDC, through its publications, is a “representative of the news media” within

the meaning of 5 U.S.C. § 552(a)(4)(A)(ii) because it gathers information of current interest to

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Davis Wright Tremaine LLP

COMPLAINT - 3

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 4 of 26

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the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes

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that work to an audience through its various publications.

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HRDC’s employees, publications, and advocacy activities (including its

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litigation) have been widely cited in mainstream media sources, including The New York

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Times, CNN, The Wall Street Journal, USA Today, The Nation, BusinessWeek, Mother Jones,

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the Miami Herald, the National Law Journal, The Atlanta Journal Constitution, The

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Sacramento Bee, the Boston Herald, The Washington Times, Columbia Journalism Review,

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Courthouse News Service, and the First Amendment Center.

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HRDC is a 501(c)(3) non-profit corporation that advocates on behalf of the

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human rights of people held in detention facilities in the United States. The core of HRDC’s

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mission is public and prisoner education, advocacy, and outreach in support of the rights of

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prisoners and in furtherance of basic human rights.

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12.

On May 20, 2019, HRDC’s Public Records Manager in Seattle, Washington

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submitted a written records request under the FOIA to DEA’s FOIA office. See Exhibit A

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(FOIA Request 19-00600-F). The request was sent via electronic mail and sought documents

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concerning “all litigation against the [DEA] and/or its employees or agents where the agency

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and/or its insurers paid $1,000 or more to resolve claims” from January 2010 to present. Id.

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13.

The requested records will be used in HRDC’s reporting for the public benefit.

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The release of the requested records would allow HRDC to continue to produce coverage

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regarding administration of claims by the federal government, the fiscal impact of the war on

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drugs, and the prevalence of misconduct at DEA. HRDC does not have a commercial interest

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in such information and will obtain no commercial benefit therefrom; HRDC is a non-

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commercial use requester.
Davis Wright Tremaine LLP

COMPLAINT - 4

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 5 of 26

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14.

As a news media organization seeking records in the public interest, HRDC

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requested a waiver of duplication costs pursuant to 5 U.S.C. § 552 (a)(4)(A)(ii)(II) and 5 U.S.C.

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§ 552 (a)(4)(A)(iii). See Ex. A.

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DEA’s FOIA Chief received the request and responded to HRDC’s request on

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June 27, 2019, objecting to HRDC’s request as over burdensome on the grounds that (1) pre-

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2012 documents are archived and would need to be manually searched for and (2) DEA has no

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method of searching for monetary parameters. See Ex. B.

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16.

On July 11, 2019, HRDC responded to DEA’s objections, agreeing to the

production of post-2012 documents only and further offering to “waive the $1,000 threshold
from [its] original request.” See Ex. C.
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Despite HRDC’s offer to revise its request in response to the specific concerns

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cited by DEA, Defendants again objected on October 21, 2019, claiming that “the information

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that [HRDC] may be seeking requires more specificity” but not providing any explanation as to

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why a request for all settlement payments was too broad. See Ex. D.

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On October 29, 2019, HRDC filed its administrative appeal from DEA’s second

objection. See Ex. E.
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On January 31, 2020, DEA affirmed the denial based on its claim that “[i]n

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order to conduct a search for responsive records, DEA would have to individually search

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thousands of litigation files” and that HRDC must further narrow its request. See Ex. F.

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The FOIA requires any agency that receives a request under its provisions to,

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within 20 days of receiving the request: (1) determine whether the agency will comply with the

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request and (2) notify the requester of its determination, its reasoning, and of requesters’ right

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Davis Wright Tremaine LLP

COMPLAINT - 5

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 6 of 26

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to appeal denials. 5 U.S.C. § 552(a)(6)(A)(i). Here, DEA failed to meet its deadline to respond

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to HRDC’s original FOIA request.

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To date, DEA has not produced a single record in response to either the original

FOIA request or HRDC’s follow-up revised request.

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IV.

CAUSE OF ACTION

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Violation of Freedom of Information Act (FOIA)

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For Failure to Disclose Responsive Records

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Plaintiff alleges and incorporates as set forth fully herein each and every

allegation contained in the above paragraphs.
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Defendants have violated 5 U.S.C. § 552(a)(3)(A) by failing to promptly release

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agency records in response to HRDC’s FOIA request, which reasonably described the records

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sought as detailed above that. Refusal to provide this information is unlawful.

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Defendants have violated 5 U.S.C. § 552(a)(6)(A) by failing to timely respond

to the FOIA request detailed above. Refusal to timely respond to the request is unlawful.
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Injunctive relief is authorized under 5 U.S.C. §552(a)(4)(B) because Defendants

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continue to refuse to respond and improperly withholds the requested material, and do so as a

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matter of policy or practice, in violation of the FOIA. HRDC has suffered injury and will

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continue to suffer injury from Defendants’ illegal refusal to respond and provide records.

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Declaratory relief is authorized under 22 U.S.C. § 2201 because an actual

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controversy exists regarding Defendants’ failure to respond and improper withholding of the

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records in violation of the FOIA. An actual controversy exists because HRDC contends that

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Defendants’ continuing failure to respond and to release the records violates the law.

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Davis Wright Tremaine LLP

COMPLAINT - 6

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 7 of 26

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff HRDC requests that judgment be entered in its favor against

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the Defendants, and that the Court:

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(a)

Declare that Defendants’ failure to disclose responsive records violates the

(b)

Declare unlawful and enjoin Defendants’ practice of failing to comply with their

FOIA;

required duties upon receipt of a properly submitted request under the FOIA;
(c)

Order Defendants and all entities and agents, or other persons acting by,

through, for, or on behalf of Defendants, to conduct a prompt, reasonable search for records

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responsive to HRDC’s FOIA requests, without imposing search or duplication fees pursuant to

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5 U.S.C. § 552(a)(4)(A);

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(d)

Enjoin Defendants and all entities and agents, or other persons acting by,

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through, for, or on behalf of Defendants, from withholding records responsive to HRDC’s

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FOIA requests and order them to promptly produce the same;

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(e)

Award HRDC reasonable attorneys’ fees and costs pursuant to 5 U.S.C.

§ 552(a)(4)(E) and 28 U.S.C. § 2412; and

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(f)

Grant all other such relief to HRDC as the Court deems just and equitable.

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DATED this 5th day of May, 2020.
By s/ Eric M. Stahl
Eric M. Stahl, WSBA #27619
Caesar Kalinowski, WSBA #52650
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Tel: 206-622-3150
Fax: 206-757-7700
Email:
ericstahl@dwt.com
caesarkalinowski@dwt.com

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Davis Wright Tremaine LLP

COMPLAINT - 7

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 8 of 26

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Daniel Marshall, Pro Hac Vice forthcoming
HUMAN RIGHTS DEFENSE CENTER
P.O. Box 1151
Lake Worth, FL 33460
Telephone: 561-360-2523
Email: dmarshall@humanrightsdefensecenter.
org

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Attorneys for Human Rights Defense Center
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Davis Wright Tremaine LLP

COMPLAINT - 8

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 9 of 26

EXHIBIT A

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 10 of 26

U.S. DEPARTMENT OF JUSTICE - DRUG ENFORCEMENT ADMINISTRATION

DEA FOIA REQUEST LETTER
orcreerrie‘

Instructions

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•

•
•

Please provide a detailed description
If your request is for information concerning a deceased individual, you must provide a
proof of death. Acceptable forms of proof of death include obituaries, death
certificates, recognized sources that can be documented, date of birth is 100 years or
greater, or Social Security Death Index page.
If you wish to include additional specific information, attach another sheet of paper to
this letter
Options for sending your request, mail to the address listed below, fax to (202) 3078556, or e-mail to DEA.FOIA@usdoj.gov

May 20, 2019
Date: ______________

DEA
FOI/Records Management Section
ATTN: FOI/PA Unit
8701 Morrisette Drive
Springfield, Virginia 22152
Dear FOIA Officer: ______________
This is a request under the Freedom of Information Act.
1/1/2010-date of processing
Date range of request: ______________
SEE ATTACHED
Description of request:_____________________________________________________
________________________________________________________________________
100
I am willing to pay up to $_______
for the processing of the request. Please inform me if the
estimated fee will exceed this limit before processing my request.
I am seeking information for personal use and not for commercial use.
Thank you for your consideration.
Michelle Dillon
Name: ___________________________________
Public Records Manager
Title (Optional):____________________________
Human Rights Defense Center
Business (if applicable) ______________________
720
3rd
Avenue #1605
Street Address: ____________________________
Seattle, WA 98104
City/State/ZIP Code _________________________
USA
Country (if applicable) _______________________
206-257-1355
Telephone (optional) ________________________
mdillon@prisonlegalnews.org
E-mail (optional) ____________________________
____________________________________________________________________________________________________________________
DEA-382 (5-2015)

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 11 of 26

IFI

Human Rights Defense Center
DEDICATED TO PROTECTING HUMAN RIGHTS

May 20, 2019
Drug Enforcement Administration
Attn: FOI/PA Unit (SARF)
8701 Morrissette Drive
Springfield, VA 22152
Sent via email: DEA.FOIA@usdoj.gov
Re:

FOIA Request for Verdicts and Settlements Information

To the FOIA Officer:
The Human Rights Defense Center (HRDC) makes this request pursuant to the Freedom of
Information Act, 5 U.S.C. § 552, et seq. HRDC is a 501(c)(3) non-profit organization that
publishes two journals and multiple books reporting on prisons, jails and other detention
facilities. HRDC requests a fee waiver for this request. Prior to a name change approved by the
Secretary of State in Washington in 2009, HRDC was known as Prison Legal News.
Documents Requested
HRDC is seeking records of all litigation against the Drug Enforcement Administration (DEA)
and/or its employees or agents where the agency and/or its insurers paid $1,000 or more to
resolve claims. These payments include but are not limited to settlements, damages, attorney fee
awards, and sanctions, irrespective of the identity of the plaintiff or claimant. Specifically,
HRDC requests the following records, provided in electronic native format where possible, and
otherwise in electronic format:
1. Records, regardless of physical form or characteristics, sufficient to show for all claims
or lawsuits brought against DEA and/or any of its agents or employees in which
payments totaling $1,000 or more were disbursed from January 1, 2010 to the present:
• The name of all parties involved;
• The case or claim number;
• The jurisdiction in which the case or claim was brought (e.g., U.S. District Court for
the District of Columbia, D.C. Superior Court, etc.);
• The date of resolution;
720 3rd Avenue, Suite #1605, Seattle, WA 98104
206-257-1355 | mdillon@prisonlegalnews.org

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 12 of 26
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The amount of money involved in the resolution and to whom it was paid,

2. For each case or claim detailed above:
• The complaint or claim form and any amended versions;
• The verdict form, final judgment, settlement agreement, consent decree, or other
paper that resolved the case.
Fee Waiver Requested
HRDC requests a waiver of fees under 5 U.S.C. §§ 552(a)(4)(A)(ii)(II) and (iii), as HRDC is a
member of the news media and disclosure of the requested information is in the public interest.
HRDC is the publisher of Prison Legal News and Criminal Legal News, as well as several books
about the criminal justice system and legal issues affecting prisoners. Prison Legal News is a
legal journal that reports news and litigation concerning carceral facilities. PLN covers
corrections news and analysis and criminal justice-related issues on a national level. PLN has
published monthly since 1990 and has approximately 9,000 subscribers in all 50 states. Based on
reader survey results the estimated actual readership is around ten times that number. PLN’s
subscribers include lawyers, journalists, judges, courts, public libraries and universities. PLN
also maintains a website that receives approximately 100,000 visitors per month based on site
analytics. Criminal Legal News is a legal journal. HRDC launched the inaugural issue in
December 2017. CLN reports on criminal law decisions from all 50 states and the federal court
system, focusing on legal developments affecting the fact and duration of confinement and
sentences. CLN also covers civil rights litigation against police, prosecutors and court systems.
Disclosure of this information is “in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of the government,” as
described in 5 U.S.C. § 552(a)(4)(A)(iii). There is great demand for insight into DEA activities
as evidenced by recently increased media coverage about immigration and DEA as an agency.
Examining specific instances of how government operations are being managed and operated
and how tax dollars are being expended is the hallmark of understanding government.
Regarding an analogous request from the Bureau of Prisons, the court in Prison Legal News v.
Lappin, 436 F. Supp. 2d 17 (D.D.C. 2006), held that Prison Legal News (the previous name of
the requesting corporation) was entitled to a fee waiver.
Response Requested
If this request is denied in whole or part, please provide an index to all denials by reference to
specific exemptions. If any records responsive to this request are denied in part, release all
segregable portions of those records. Additionally, please outline any administrative appeals
process available.
720 3rd Avenue, Suite #1605, Seattle, WA 98104
206-257-1355 | mdillon@prisonlegalnews.org

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 13 of 26
Please contact me via email, mdillon@prisonlegalnews.org, should you require any additional
information. Thank you for your time and attention in this matter.
Sincerely,
HUMAN RIGHTS DEFENSE CENTER

YoJ,

Michelle Dillon
Public Records Manager

720 3rd Avenue, Suite #1605, Seattle, WA 98104
206-257-1355 | mdillon@prisonlegalnews.org

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 14 of 26

EXHIBIT B

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 15 of 26
U.S. Department of Justice
U.S.
Drug Enforcement Administration
FOI/Records Management Section
8701 Morrissette Drive
Springfield,
Springfield, Virginia 22152

Number: 19-00600-F
Case Number:

Subject:
Subject: All litigation against the Drug Enforcement Administration(DEA)
(DEA) and/or its employees
or agents where the agency and/or its insurers paid $1,000 or more to resolve claims from
I, 2010 to the present
January 1,
Michelle Dillon
Human Rights Defense Center
Avenue, Suite 1605
720 Third Avenue,
Seattle, Washington 98104
Seattle,
mdillon@prisonlegalnews.org
Dear Ms.
Ms. Dillon:
Dillon:
oflnformation
(FOIA/PA) request
This letter responds to your Freedom of
Information Act/Privacy Act(FOIA/PA)
20, 2019,
2019, addressed to the Drug Enforcement Administration (DEA),
(DEA), FOIA/PA Unit,
Unit,
dated May 20,
seeking
seeking access to information regarding the above subject.
subject.
request, our office forwarded a copy of your request letter to the Office of
To fulfil your request,
(CCA). Based upon all available information,
information, we have determined that CCA is the
Chief Counsel(CCA).
request. Please be
DEA component that may have records responsive to the subject of your request.
advised, DEA's electronic tracking system for lawsuits and tort claims is not searchable by the
advised,
made. In addition,
addition, electronic data is only available
size of payment or whether a payment was made.
present. In order to obtain the documents requested,
requested, each lawsuit and tort
from mid-2012 to the present.
and, if so,
so,
claim electronic file would need to be examined to determine if a payment was made and,
more.
whether the payment was $1,000 or more.
Further, for records prior to 2012,
2012, every tort claim and lawsuit file would need to be
Further,
and, if
retrieved from archives and manually searched to determine whether a payment was made and,
so, whether the payment was $1,000 or more.
more. We have determined that a conservative estimate
so,
hours. For these reasons,
reasons, your request
for an electronic search and a manual search would be 295 hours.
search. As provided by 28 C.F.R.
C.F.R. §
§
would require DEA to conduct an unreasonably burdensome search.
16.3(b ), this letter affords you the opportunity to reformulate your request by narrowing the scope
16.3(b),
desire.
of your request or specifying a particular claim or lawsuit that you desire.

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 16 of 26
Number: 19-00600-F
Case Number:

Page 2

end, no further action will be initiated on this request until we are in receipt of a
To this end,
ofrecords
sought. If this office does not receive your response within 30
reasonable description of
records sought.
days, DEA will assume that you do not wish to pursue this matter and your request will be
days,
closed. Please forward your response to the following address:
address:
administratively closed.
DEA Headquarters
Attn: FOIA/PA Unit(SARF)
(SARF)
Attn:
8701 Morrissette Drive
Springfield, VA 22152
Springfield,
You may contact our FOIA Public Liaison at 202-307-7596 for any further assistance and
request. Additionally,
Additionally, you may contact the Office of Government
to discuss any aspect of your request.
Information Services(OGIS)
(OGIS) at the National Archives and Records Administration to inquire
offer. The contact information for OGIS is as follows:
follows:
about the FOIA mediation services they offer.
Office
Office of
of Government Information Services,
Services, National Archives and Records Administration,
Administration,
2510, 8601 Adelphi Road,
Road, College Park,
Park, Maryland 20740-6001;
20740-6001; e-mail at ogis@nara.gov;
ogis@nara.gov;
Room 2510,
telephone at 202-741-5770;
202-741-5770; toll free at 1-877-684-6448;
1-877-684-6448; or facsimile at 202-741-5769.
202-741-5769.
request, you may administratively appeal
If you are not satisfied with my response to this request,
Director, Office of
oflnformation
(OIP), United States Department of
by writing to the Director,
Information Policy (OIP),
Justice,
Justice, Suite 11050,
11050, 1425 New York Avenue,
Avenue, NW,
NW, Washington,
Washington, DC 20530-0001,
20530-0001, or you may
submit an appeal through OIP's FOIAonline portal by creating an account on the following
website: https://www.foiaonline.gov/foiaonline/action/public/home.
https://www.foiaonline.gov/foiaonline/action/public/home. Your appeal must be
website:
postmarked or electronically transmitted within 90 days of the date of my response to your
request. If you submit your appeal by mail,
mail, both the letter and the envelope should be clearly
request.
marked "Freedom of Information Act Appeal."
letter, you may contact Government Information
If you have any questions regarding this letter,
J. Kewley at 202-307-7728.
202-307-7728.
Specialist J.
Sincerely,
Sincerely,

oexlvc-k
D. Hertel,
Hertel, Acting Chief
Angela D.
Freedom of
oflnformation/Privacy
Information/Privacy Act Unit
FOI/Records Management Section

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 17 of 26

EXHIBIT C

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 18 of 26
Michelle Dillon
From:
Sent:
To:
Subject:

Michelle Dillon
Thursday, July 11, 2019 3:47 PM
Kewley, John W.
RE: DEA FOIA Request 19-00600-F

Dear Mr. Kewley, 
 
After review of the letter we agree to production of documents from 2012 or later. If it would expedite the process to 
eliminate the burden of determining the payment amount, we also will waive the $1,000 threshold from our original 
request and request documents for all relevant cases and we can review them ourselves to determine applicability for 
the level of payment, provided that DEA agrees to our request for a fee waiver. 
 
Best, 
Michelle Dillon 
 
From: Kewley, John W. [mailto:John.W.Kewley@usdoj.gov]  
Sent: Thursday, June 27, 2019 11:25 AM 
To: Michelle Dillon <mdillon@prisonlegalnews.org> 
Subject: DEA FOIA Request 19‐00600‐F 
 

Ms. Dillon,
Please find attached above the Drug Enforcement Administration response to your FOIA
request 19-00600-F.

 
John W. Kewley
Government Information Specialist
Headquarters, Drug Enforcement Administration
Freedom of Information/Privacy Unit (SARF)
Telephone: (202) 307-7728
john.w.kewley@usdoj.gov

 

1

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 19 of 26

EXHIBIT D

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 20 of 26
U.S. Department of Justice
U.S.
Drug Enforcement Administration
FOi/Records Management Section
FOI/Records
870 I Morrissette Drive
8701
Springfield, Virginia 22152
Springfield,

Number: 19-00600-F
Case Number:

OCT 2 11 2019

Subject: All litigation against the Drug Enforcement Administration(DEA)
(DEA) and/or its employees
Subject:
or agents where the agency and/or its insurers paid $1,000 or more to resolve claims from January
I, 2010
20 I 0 to the present
1,

Michelle Dillon
Human Rights Defense Center
Avenue, Suite #1605
720 Third Avenue,
Seattle, Washington 98104
Seattle,
mdillon@prisonlegalnews.org
Ms. Dillon:
Dillon:
Dear Ms.
(FOIA/PA) request
This letter responds to your Freedom of Information Act/Privacy Act(FOIA/PA)
20, 2019,
2019, addressed to the Drug Enforcement Administration (DEA),
(DEA), Freedom of
dated May 20,
Unit, seeking access to information regarding the above subject.
subject.
Information/Privacy Act Unit,
written, received via electronic mail on July 11,
11, 2019,
2019, does
Your reformulated request as written,
FOIA, 5 U.S.C.
U.S.C. §
§ 552 (a)(3)(A),
(a)(3)(A), since it does not reasonably
not meet the requirements of the FOIA,
records. The Department of Justice rules,
rules, contained at 28 C.F.R.
C.F.R. §
§ 16.3,
16.3, provide that
describe records.
"you must describe the records in enough detail to enable department personnel to locate them
with a reasonable amount of effort." DEA can make certain presumptions to overcome some of
request, but not all of them.
them.
the deficiencies in your request,
specificity. We have
To retrieve the information that you may be seeking requires more specificity.
present. We
We
applied your time frame revision from 2010 - present to the period from 2012 to the present.
have recomputed the search time required and determined a conservative time search estimate to
hours. The DEA office tasked to conduct a search of this length for files of any responsive
responsive
be 250 hours.
burdened. As such,
such, your request
request is
is
records pertaining to the subject of your request would be burdened.
burdensome.
overly broad and burdensome.
end, no further action will be initiated on this request until we are in receipt
receipt of
of aa
To this end,
ofrecords
sought. If this office does not receive your
your reformulated
reformulated request
request
records sought.
reasonable description of
days, DEA will assume that you do not wish to pursue this
this matter
matter and
and your
your request
request will
will
within 30 days,
address:
closed. Please forward your response to the following address:
be administratively closed.

DEA Headquarters
Attn: FOIA/PA Unit(FSRF)
(FSRF)
Attn:
Drive
8701 Morrissette Drive
Springfield, VA 22152
22152
Springfield,

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 21 of 26
Number: 19-00600-F
Case Number:

Page 2

You may contact our FOIA Public Liaison at 202-307-7596 for any further assistance and
request. Additionally,
Additionally, you may contact the Office of Government
to discuss any aspect of your request.
(OGIS) at the National Archives and Records Administration to inquire
Information Services(OGIS)
offer. The contact information for OGIS is as follows:
follows:
about the FOIA mediation services they offer.
Services, National Archives and Records Administration,
Administration,
Office of Government Information Services,
2510, 8601 Adelphi Road,
Road, College Park,
Park, Maryland 20740-6001;
20740-6001; e-mail at ogis@nara.gov;
ogis@nara.gov;
Room 2510,
202-741-5770; toll free at 1-877-684-6448;
1-877-684-6448; or facsimile at 202-741-5769.
202-741-5769.
telephone at 202-741-5770;
request, you may administratively appeal
If you are not satisfied with my response to this request,
Director, Office of
oflnformation
(OIP), United States Department of
by writing to the Director,
Information Policy (01P),
Justice, Sixth Floor,
Floor, 441 G Street,
Street, NW,
NW, Washington,
Washington, DC 20530-0001,
20530-0001, or you may submit an
Justice,
website:
appeal through OIP's FOIAonline portal by creating an account on the following website:
https://www.foiaonline.gov/foiaonlinc/action/public/home. Your appeal must be postmarked or
https://www.foiaonline.gov/foiaonline/action/public/home.
request. If you submit
electronically transmitted within 90 days of the date of my response to your request.
mail, both the letter and the envelope should be clearly marked "Freedom of
your appeal by mail,
Information Act Appeal."
letter, you may contact Government Information
If you have any questions regarding this letter,
J. Kewley at 202-307-7728.
202-307-7728.
Specialist J.
Sincerely,
Sincerely,

--~nc) e__,Ll~
CJ. ~ k,(_
( cti n
f

D. Hertel,
Hertel, Acting Chief
Chief
Angela D.
Freedom of Information/Privacy Act Unit
FOI/Records Management Section

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 22 of 26

EXHIBIT E

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 23 of 26
Michelle Dillon
From:
Sent:
To:
Subject:

admin@foiaonline.gov
Tuesday, October 29, 2019 1:07 PM
Michelle Dillon
FOIA Appeal DOJ-AP-2020-000540 Submitted

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is
as follows:







Appeal Tracking Number: DOJ-AP-2020-000540
Request Tracking Number: 19-00600-F
Requester Name: Michelle Dillon
Date Submitted: 10/29/2019
Appeal Status: Submitted
Description: HRDC submitted a revised request via email to DEA on July 11, 2019. Our revised request
limited document production to records dated 2012 onward to eliminate the need to retrieve
archival materials, a process that had been identified by DEA as burdensome. We additionally
agreed to waive the $1,000 threshold for all relevant cases—another significant burden claimed
by DEA—and internally review the payment amounts to identify responsive cases.
On October 21, 2019, DEA responded to HRDC’s revised request. The agency’s response letter
indicated that the revised search estimate was 250 hours, a reduction of just 18% from the
original estimate. The agency indicated that the revised request was “overly broad and
burdensome” and that “no further action will be initiated on this request until we are in receipt of
a reasonable description of records sought.”
HRDC appeals this response from DEA on the grounds that our revised request should be fully
sufficient to allow DEA to identify responsive documents. DEA should have reasonable
capabilities to identify whether or not a payment was made for lawsuits and tort claims, even if
the agency’s system may not sort cases by payment amounts. Although DEA has claimed that
our request is overly broad, it is not possible to reformulate a response that would identify
records more narrowly than previously requested, which is a request for electronically available
lawsuits and tort claims against DEA for which payments were distributed to plaintiffs.
We ask that DEA resume processing our revised request.

1

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 24 of 26

EXHIBIT F

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 25 of 26
Office of

U.S. Department of Justice
Office of Information Policy

Sixth Floor
441 G Street, NW
Washington, DC 20530-0001

Telephone: (202) 514-3642

Michelle Dillon
Human Rights Defense Center
Suite 1605
720 3rd Avenue
Seattle, WA 98104
mdillon@prisonlegalnews.com

Re:

Appeal No. DOJ-AP-2020-000540
Request No. 19-00600-F
RNB:JKD

VIA: FOIAonline
Dear Michelle Dillon:
You appealed from the action of the Drug Enforcement Administration (DEA) on your
revised Freedom of Information Act request for access to all litigation against the DEA and/or its
employees or agents where the agency and/or its insurers paid $1,000 or more to resolve the
claims, from 2012 to the present.1 I note that your appeal concerns DEA's full denial of your
request.
After carefully considering your appeal, I am affirming, on partly modified grounds,
DEA's action on your request. A proper FOIA request for records must reasonably describe the
records sought. See 5 U.S.C. § 552(a)(3)(A); see also 28 C.F.R. § 16.3(b)(2019). DEA
informed you that you did not reasonably describe the subject of your request. Your request is
not reasonably described because you did not characterize the records sought in such a way that
they could be located with a reasonable amount of effort. In order to conduct a search for
responsive records, DEA would have to individually search thousands of litigation files.
Additionally, DEA's electronic tracking system for lawsuits and tort claims is not searchable by
whether a payment was made or the amount of payment.
If you would like to discuss with DEA how to formulate your request to reasonably
describe the records sought, you may contact DEA's FOIA Public Liaison at (202) 307-4264.
You may wish to submit a new, reasonably described request directly to DEA.
Please be advised that this Office's decision was made only after a full review of this
matter. Your appeal was assigned to an attorney with this Office who thoroughly reviewed and
analyzed your appeal, your underlying request, and the action of DEA in response to your
request.
This Office notes that you agreed to waive the $1,000 threshold from the original request if it would expedite the
process of your request. Please be advised that DEA determined that it would not.

1

Case 2:20-cv-00674 Document 1 Filed 05/05/20 Page 26 of 26

-2If you are dissatisfied with my action on your appeal, the FOIA permits you to file a
lawsuit in federal district court in accordance with 5 U.S.C. § 552(a)(4)(B).
For your information, the Office of Government Information Services (OGIS) offers
mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. Using OGIS services does not affect your right to pursue
litigation. The contact information for OGIS is as follows: Office of Government Information
Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road,
College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at 202-741-5770; toll
free at 1-877-684-6448; or facsimile at 202-741-5769. If you have any questions regarding the
action this Office has taken on your appeal, you may contact this Office’s FOIA Public Liaison
for your appeal. Specifically, you may speak with the undersigned agency official by calling
(202) 514-3642.
Sincerely,

w
_
-/5-il‘=.
X
Matthew W. Hurd

1/31/2020

Acting Chief, Administrative Appeals Staff
Signed by: MATTHEW HURD

Case 2:20-cv-00674 Document 1-1 Filed 05/05/20 Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 09/19)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

HUMAN RIGHTS DEFENSE CENTER

DEP'T OF JUSTICE; DRUG ENFORCEMENT ADMINISTRATION

(b) County of Residence of First Listed Plaintiff

King

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Eric M. Stahl and Caesar Kalinowski
Davis Wright Tremaine LLP, 920 Fifth Avenue, Ste. 3300, Seattle, WA
98104-1610

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

’
’
’
’
’

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

’
’

’
’
’
’
’

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

Citizen of Another State

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

DEF
’ 1

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Management
Relations
’ 740 Railway Labor Act
’ 751 Family and Medical
Leave Act
’ 790 Other Labor Litigation
’ 791 Employee Retirement
Income Security Act

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 835 Patent - Abbreviated
New Drug Application
’ 840 Trademark
SOCIAL SECURITY
’ 861 HIA (1395ff)
’ 862 Black Lung (923)
’ 863 DIWC/DIWW (405(g))
’ 864 SSID Title XVI
’ 865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
Corrupt Organizations
’ 480 Consumer Credit
(15 USC 1681 or 1692)
’ 485 Telephone Consumer
Protection Act
’ 490 Cable/Sat TV
’ 850 Securities/Commodities/
Exchange
’ 890 Other Statutory Actions
’ 891 Agricultural Acts
’ 893 Environmental Matters
’ 895 Freedom of Information
Act
’ 896 Arbitration
’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

’ 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District

’ 8 Multidistrict
Litigation Direct File

5 U.S.C. § 552

VI. CAUSE OF ACTION Brief description of cause:

Failure to respond to Freedom of Information Act request

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/ Eric M. Stahl

05/05/2020
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 2:20-cv-00674 Document 1-2 Filed 05/05/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
HUMAN RIGHTS DEFENSE CENTER, a
Washington nonprofit corporation,

Plaintiff(s)

v.
UNITED STATES DEPARTMENT OF JUSTICE; and
its component DRUG ENFORCEMENT
ADMINISTRATION,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Drug Enforcement Administration
Angela Hertel, Acting Chief
Freedom of Information/Privacy Act Unit
FOI/Records Managment Section, Drug Enforcement Administration
8701 Morrissette Drive
Springfield, Virginia 22152

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Eric M. Stahl
Caesar Kalinowski
DAVIS WRIGHT TREMAINE LLP
920 Fifth Ave, Ste. 3300
Seattle, WA 98104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 2:20-cv-00674 Document 1-2 Filed 05/05/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

Case 2:20-cv-00674 Document 1-3 Filed 05/05/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
HUMAN RIGHTS DEFENSE CENTER, a
Washington nonprofit corporation,

Plaintiff(s)

v.
UNITED STATES DEPARTMENT OF JUSTICE; and
its component DRUG ENFORCEMENT
ADMINISTRATION,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Department of Justice, Civil Division
Hirsh D. Kravitz
FOIA, Records, and E-Discovery Office
Room 8314
1100 L Street, NW
Washington, DC 20530-0001

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Eric M. Stahl
Caesar Kalinowski
DAVIS WRIGHT TREMAINE LLP
920 Fifth Ave, Ste. 3300
Seattle, WA 98104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 2:20-cv-00674 Document 1-3 Filed 05/05/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

Case 2:20-cv-00674 Document 1-4 Filed 05/05/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
HUMAN RIGHTS DEFENSE CENTER, a
Washington nonprofit corporation,

Plaintiff(s)

v.
UNITED STATES DEPARTMENT OF JUSTICE; and
its component DRUG ENFORCEMENT
ADMINISTRATION,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Office of the Attorney General of the United States
Douglas Hibbard
Chief, Initial Request Staff
Office of Information Policy, Department of Justice
1425 New York Avenue, N.W., Suite 11050
Washington, DC 20530-0001

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Eric M. Stahl
Caesar Kalinowski
DAVIS WRIGHT TREMAINE LLP
920 Fifth Ave, Ste. 3300
Seattle, WA 98104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 2:20-cv-00674 Document 1-4 Filed 05/05/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

Case 2:20-cv-00674 Document 1-5 Filed 05/05/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
HUMAN RIGHTS DEFENSE CENTER, a
Washington nonprofit corporation,

Plaintiff(s)

v.
UNITED STATES DEPARTMENT OF JUSTICE; and
its component DRUG ENFORCEMENT
ADMINISTRATION,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) United States Attorney’s Office for the W.D. Washington
FOIA Civil-Process Clerk
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Eric M. Stahl
Caesar Kalinowski
DAVIS WRIGHT TREMAINE LLP
920 Fifth Ave, Ste. 3300
Seattle, WA 98104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 2:20-cv-00674 Document 1-5 Filed 05/05/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.
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