Filing a FOIA complaint

[rmknox]

What is the name of your state (only U.S. law)? California - Central District - Western Division - Los Angeles

I have filed a FOIA request, expect to be blown off, exhaust my remedies and file pro per in District court. I am trying to understand how I file to anticipate a likely occurrence. Lets say they dont respond, I file, then then send a heavily redacted copy, or request excessive fees.

So I had in mind three Counts which are logically inconsistent. When I look at LR 16 it appears that they anticipate this since just before the trial I am allowed to decide which pleas I plan to pursue.

Count 1 - Violation of the FOIA: Failure to comply with statutory deadlines.
give dates and say they did not reply.

Count 2 - Violation of the FOIA: Failure to comply with statutory definitions of material that can be deleted
merely claim that they replied with material that was improperly redacted

Count 3 - Violation of the FOIA: Excessive fees
claim that they came back with an excessive request

Then when it comes to pass - when I file my Trial Brief - pick the count I want to pursue and develop the details.

Is this approach allowed? I would normally ask my atty friend but he is in Israel celebrating the hoolidays.

 

[CdwJava]

So, you have made a FOIA request with the federal government? Understand that FOIA does not apply to state and local government.

Or, have you made a CPRA request with a local or state government?

What kind of information are you seeking, and why do you think the request will not be complied with?

 

[rmknox]

Yes - FOIA - Federal Agency.
I suspect that they will be difficult because I have some ongoing contact and dealings with the agency people involved and have seen how they handled a prior request for the same material.

 

[CdwJava]

Yes - FOIA - Federal Agency.
I suspect that they will be difficult because I have some ongoing contact and dealings with the agency people involved and have seen how they handled a prior request for the same material.

What kind of material?

Is the information of a nature that they can claim an exception? Investigative files, copyrighted material (by third parties), records which they do not possess, and a host of other things are exempt from the requirements ... though they have to respond within the appropriate time frame.

 

[rmknox]

I really dont see any legitimate reason for them to claim an exemption. They heavily redacted a copy requested by someone I know, and as best I can determine did not cite the exemption that justified the redaction. My friend did not know how to reply. So to start clean, I have requested the same material. Since they redacted it in the past, this agency (and maybe all ) is required to keep it for 6 years. Thus they should have it.
If they try any exemption , I suspect they will try nbr 5. This is a report they published titled a Biological Assesment. They provided it to a different agency who was to give them some advice based on the material in this report. I'm not suffieciently knowledgable to know what can and can not be available in discovery "... in litigation with the agency". My basic impression is that this exemption pertains primarily to legal advice - of which this is not.
The sitution - this agency said in their report "a certain fish is here" and gave the report to another agency. The other agency said "well in that case, then you should xyz".
I believe they misrepresented the situation to further certrain ulterior goals, and don't want to allow stakeholders to see what they said.
- - -
But these are the details - what I am trying to understand is whether it is ok to make inconsistent claims in the Complaint, and then pick the one that fits at trial time by developing that one in the trial brief.
And - of course - thanks much for your interest and apparent willingness to help.

 

[rmknox]

Come to think about it, I believe I've seen pleadings that say sometihng like this.

They did not respond - but if they did they redacted improperly.

They did not respond - but if the did they charged excessive fees.

Are claims like that allowed.

Or better yet

As of the date of filing they had not responded - but if they responded subsequently they did not properly justify redactions.

etc?

 

[CdwJava]

If you are involved in a court case, this is best done by an attorney. If you really think that you can bully the feds into turning something over that they claim they do not have to, then you are in for a very lengthy fight ... we're talking potentially about a year or two - maybe more, depending on the nature of the information.

If this were the CPRA I might be able to give you some direction, but the FOIA is an animal that I do not have to deal with, so I am afraid I can be of little direct assistance. Others may have more detailed information, but you may very well have a costly and lengthy fight on your hand.

 

[Proseguru]

Yes - FOIA - Federal Agency.
I suspect that they will be difficult because I have some ongoing contact and dealings with the agency people involved and have seen how they handled a prior request for the same material.

One step at a time. I am not willing to spend time writing about activities in response to replies not yet provided/not provided.

Post back with their response. And also, if they are claiming an exemption and you do not wish to share your request & their responses in the original then I am not willing to provide anything really helpful. You seem to know the process.