U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:18-cv-01141-TSZ

The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al Assigned to: Judge Thomas S. Zilly Cause: 05:552 Freedom of Information Act

Date Filed: 08/03/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

Plaintiff
The Human Rights Defense Center

represented by Eric M Stahl DAVIS WRIGHT TREMAINE (SEA) 920 FIFTH AVE STE 3300 SEATTLE, WA 98104-1610 206-622-3150 Fax: 206-757-7700 Email: ericstahl@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah M Golden HUMAN RIGHTS DEFENSE CENTER 316 F STREET, NE #107 WASHINGTON, DC 20002 202-543-8100 Email: dgolden@humanrightsdefensecenter.org TERMINATED: 09/03/2019 PRO HAC VICE

Masimba Mutamba HUMAN RIGHTS DEFENSE CENTER PO BOX 1151 LAKE WORTH, FL 33460 561-360-2523 Email: mmutamba@humanrightsdefensecenter.org TERMINATED: 01/31/2020 PRO HAC VICE

Plaintiff

Michelle Dillon

represented by Eric M Stahl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah M Golden (See above for address) TERMINATED: 09/03/2019 PRO HAC VICE
Masimba Mutamba (See above for address) TERMINATED: 01/31/2020 PRO HAC VICE

V.
Defendant
US Department of Homeland Security

represented by Michelle R. Lambert US ATTORNEY'S OFFICE (TACOMA) 1201 PACIFIC AVE STE 700 TACOMA, WA 98402 253-428-3824 Email: michelle.lambert@usdoj.gov ATTORNEY TO BE NOTICED

Defendant
US Immigration and Customs Enforcement

represented by Michelle R. Lambert (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/03/2018
08/07/2018 08/07/2018

# Docket Text
1 COMPLAINT against defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs Enforcement (Receipt # 0981-5421921), filed by The Human Rights Defense Center, Michelle Dillon. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Stahl, Eric) (Entered: 08/03/2018)
Judge Thomas S. Zilly added. (CDA) (Entered: 08/07/2018)
2 Summons(es) Electronically Issued as to defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs

Enforcement (Main document - U S Dept of Homeland Security) (Attachments: # 1 Summons United States Immigration and Customs Enforcement)(CDA) (Entered: 08/07/2018)

08/07/2018

3 AMENDED COMPLAINT against defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs Enforcement, filed by The Human Rights Defense Center, Michelle Dillon.(Stahl, Eric) (Entered: 08/07/2018)

08/20/2018 08/20/2018

4 APPLICATION OF ATTORNEY Deborah M. Golden FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Michelle Dillon, The Human Rights Defense Center (Fee Paid) Receipt No. 0981-5440438 (Stahl, Eric) (Entered: 08/20/2018)
5 ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Deborah M Golden for Plaintiffs Michelle Dillon and for The Human Rights Defense Center, by Clerk William M McCool. No document associated with this docket entry, text only.

NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/20/2018)

08/22/2018

6 AFFIDAVIT of Service of Summons and Complaint on United States Immigration and Customs Enforcement on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/22/2018)

08/22/2018 08/23/2018

7 AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Homeland Security on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/22/2018)
8 AFFIDAVIT of Mailing of Summons and Complaint to U.S. Department of Homeland Security on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/23/2018)

08/23/2018

9 AFFIDAVIT of Mailing of Summons and Complaint to United States Immigration and Customs Enforcement on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/23/2018)

09/05/2018

10 ORDER setting deadline for parties to file a Joint Status Report. Joint Status Report due by 12/4/2018. Signed by Judge Thomas S. Zilly. (PM) (Entered: 09/05/2018)

09/06/2018

11 NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants U.S. Department of Homeland Security, United States Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 09/06/2018)

09/06/2018 12 ANSWER to 3 Amended Complaint by U.S. Department of Homeland Security, United States Immigration and Customs Enforcement.(Lambert, Michelle) (Entered: 09/06/2018)

11/15/2018

13 NOTICE of Change of Address/Change of Name of Attorney Eric M Stahl. Filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 11/15/2018)

11/30/2018

Set/Reset Deadlines: Per telephonic request of counsel, the deadline for submission of a Joint Status Report is extended to 1/22/2019. (KD) (Entered: 11/30/2018)

01/15/2019

14 Unopposed MOTION to Stay Deadline for Submitting Joint Status Report, filed by Defendants US Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order) Noting Date 1/15/2019, (Lambert, Michelle) (Entered: 01/15/2019)

01/22/2019 15 MINUTE ORDER extending deadline for parties to submit a Joint Status Report to 3/1/2019; striking as moot defendants' 14 Motion to Stay. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 01/22/2019)

02/28/2019 16 Joint MOTION Regarding Joint Status Report , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 2/28/2019, (Stahl, Eric) (Entered: 02/28/2019)

03/01/2019

The parties' stipulated motion, docket no. 16 , is GRANTED, and the deadline for the parties to submit a Joint Status Report is EXTENDED to March 15, 2019. (KK) (Entered: 03/01/2019)

03/15/2019 17 JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 03/15/2019)

04/10/2019

18 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Thomas S. Zilly: Length of Trial: *1 day*. Bench Trial is set for 12/2/2019 before Judge Thomas S. Zilly. Dispositive motions due by 9/12/2019, Motions in Limine due by 10/31/2019, Trial briefs and Agreed Pretrial Order to be submitted by 11/15/2019, Proposed Findings of Fact and Conclusions of Law to be submitted by 11/18/2019, Pretrial Conference set for 11/22/2019 at 01:30 PM in Courtroom 15206 before Judge Thomas S. Zilly.(MW) (Entered: 04/10/2019)

09/03/2019 19 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Deborah M Golden for Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 09/03/2019)

09/05/2019 20 Stipulated MOTION Regarding Case Status and Schedule , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 9/5/2019, (Stahl, Eric) (Entered: 09/05/2019)

09/11/2019

21 MINUTE ORDER granting parties' 20 Stipulated Motion to Continue Trial Date and Related Dates, as follows: Bench Trial is set for 6/1/2020 at 9:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. Dispositive motions due by 2/20/2020, Motions in Limine due by 4/30/2020, Pretrial Order due by 5/11/2020, Pretrial Conference set for 5/22/2020 at 1:30 PM in Courtroom 15206 before Judge Thomas S. Zilly. Trial briefs to be submitted by 5/11/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 5/15/2020. Authorized by Judge Thomas S. Zilly.(SWT) (Entered: 09/11/2019)

11/25/2019

22 APPLICATION OF ATTORNEY Masimba M. Mutamba FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Michelle Dillon, The Human Rights Defense Center (Fee Paid) Receipt No. 0981-6025129 (Stahl, Eric) (Entered: 11/25/2019)

11/25/2019

23 ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Masimba Mutamba for Michelle Dillon and The Human Rights Defense Center, by Clerk William M McCool. No document associated with this docket entry, text only.

NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 11/25/2019)

01/31/2020

24 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Masimba Mutamba for Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 01/31/2020)

02/14/2020 25 STIPULATION AND PROPOSED ORDER for extension of trial and related deadlines by parties (Lambert, Michelle) (Entered: 02/14/2020)

02/18/2020

26 MINUTE ORDER: The parties' second stipulated motion, docket no. 25 , to continue the trial date and related deadlines is GRANTED. The trial date and related deadlines are CONTINUED as follows: Bench Trial (1 day) is set for 4/26/2021 before Judge Thomas S. Zilly. Plaintiffs' dispositive motion due by 12/18/2020, Defendants' consolidated crossmotion and response to Plaintiffs' motion due by 1/15/2021, Plaintiffs' consolidated response and reply due by 2/12/2021, Defendants' reply due

by 2/26/2021. Plaintiffs' motion and defendants' cross-motion shall both be noted for 2/26/2021, Trial Briefs and Agreed Pretrial Order due by 4/12/2021, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/12/2021, Pretrial Conference set for 4/16/2021 at 01:30 PM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 02/18/2020)

 
 The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al, Docket No. 2_18-cv-01141 (W.D. Wash.

Multiple Documents

Part

Description

1

6 pages

2

Civil Cover Sheet

3

Summons

4

Summons

© 2019 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 1

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 1 of 6

1

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 The Human Rights Defense Center and Michelle Dillon,
10
Plaintiffs, 11
v. 12
U.S. Department of Homeland Security, and 13 United States Immigration and Customs
Enforcement, 14
Defendants. 15

No. COMPLAINT

16
1. This lawsuit is an action under the Freedom of Information Act, 5 U.S.C. § 552, 17
et seq., seeking production of records responsive to a request submitted by Ms. Michelle 18
Dillon, an employee of the Human Rights Defense Center, to Immigration and Customs 19
Enforcement. 20
JURISDICTION AND VENUE 21
2. This Court has both subject matter jurisdiction over this action and personal 22
jurisdiction over the defendant under 5 U.S.C. § 552(a)(4)(B) and 2201(a). 23
3. Venue is appropriate in this Court under 5 U.S.C. § 552(a)(4)(B). 24
PARTIES 25
4. Plaintiff Human Rights Defense Center is a non-profit organization that 26
advocates on behalf of the human rights of people held in U.S. detention facilities. Its advocacy 27

FOIA COMPLAINT - 1
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 2 of 6

1 efforts include publishing Prison Legal News, a 72-page monthly publication that covers

2 prison-related news and litigation nationwide, and Criminal Legal News, a monthly publication

3 that covers the criminal justice system beyond incarceration. The Human Rights Defense

4 Center also publishes and distributes self-help reference books for prisoners, and engages in

5 litigation, media campaigns and outreach, public speaking and education, and testimony before

6 legislative and regulatory bodies.

7

5. Plaintiff Michelle Dillon resides in the Western District of Washington. She is

8 an employee of the Human Rights Defense Center in its Seattle office.

9

6. Defendant Department of Homeland Security is a department of the executive

10 branch of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).

11

7. Defendant Immigration and Customs Enforcement is a component of the United

12 States Department of Homeland Security and an agency under 5 U.S.C. §552(f)(1) and 5

13 U.S.C. § 701.

14

FACTS

15

Human Rights Defense Center’s Background and Mission

16

8. The Human Rights Defense Center was founded in 1990. It is dedicated to

17 public education, prisoner education, advocacy, and outreach to support the rights of prisoners

18 and to further basic human rights.

19

9. The Human Rights Defense Center’s publishing project distributes books to

20 prisoners and other customers. It also publishes two monthly magazines, Criminal Legal News

21 and Prison Legal News.

22

10. In addition to publishing, the Human Rights Defense Center engages is

23 advocacy and education.

24

11. Prior to a 2009 name change, the entire organization was known as Prisoners’

25 Legal News.

26

27

FOIA COMPLAINT - 2
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 3 of 6

1

Immigration and Customs Enforcement

2

12. The United States Immigration and Customs Enforcement enforces federal laws

3 governing border control, customs, trade and immigration. It is a component of the United

4 States Department of Homeland Security.

5

The Request for Information at Issue

6

13. On March 20, 2018, Ms. Dillon sent a request via email to the Immigration and

7 Customs Enforcement for certain records related to litigation that the agency has resolved.

8

14. On behalf of the Human Rights Defense Center, Ms. Dillon requested records

9 regarding litigation against ICE and its employees or agents created since January 1, 2010. She

10 limited her request to claims and cases in which the government paid $1,000 or more. For

11 traffic-related claims and cases, she limited her request to those in which the payout was more

12 than $50,000.

13

15. In each case or claim described above, she asked to be provided:

14

• The Complaint or Claim Form and any amended versions;

15

• The Verdict Form, Final Judgment, Settlement Agreement, Consent

16

Decree, or other paper that resolved the case.

17

• A record that shows the amount of money involved in the resolution and

18

to whom it was paid.

19

16. The email requested a fee waiver.

20

17. Ms. Dillon’s request also included a spreadsheet of potential cases and claims,

21 based on the information provided on the United States Treasury Judgment Fund website. She

22 noted that the spreadsheet might not include reference to all responsive records, as some may

23 not have been included in the public database.

24

18. The Immigration and Customs Enforcement’s via email on April 2, 2018,

25 informing Ms. Dillon that the fee waiver request had been granted and that the request had been

26 assigned internal tracking number 2018-ICFO-26920.

27

FOIA COMPLAINT - 3
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 4 of 6

1

19. The email also invoked the agency’s right to ten-day extension under 5 U.S.C. §

2 552(a)(6)(B).

3

20. The Immigration and Customs Enforcement’s Office of Information Governance

4 and Privacy further responded by letter dated April 18, 2018, informing Ms. Dillon that some

5 of the requested information may be duplicated on Public Access to Court Electronic Records,

6 www.PACER.gov.

7

21. On April 25, 2018, the ICE FOIA office asked Ms. Dillon via email for

8 clarification of the request. By further email correspondence, ICE FOIA clarified that the

9 request for clarification was a request to limit the time frame or scope of the document.

10

22. On April 26, 2018, Ms. Dillon notified ICE FOIA that the Human Rights

11 Defense Center declined to narrow the request.

12

23. On June 20, Ms. Dillon received a letter via email from the ICE Office of

13 Information Governance and Privacy. That letter denied FOIA request, stating “After careful

14 review of your FOIA request, we determined that your request is too broad in scope, did not

15 specifically identify the records which you are seeking, or only posed questions to the agency.”

16

24. On June 26, 2018, Ms. Dillon filed an appeal of this denial to the Office of the

17 Principal Legal Advisor for the U.S. Immigration and Customs Enforcement.

18

25. On July 6, 2018 that office sent an acknowledgment that the appeal was received

19 on July 5, 2018 and assigned the number 2018-ICAP-00366 for tracking purposes.

20

26. Per 5 U.S.C. § 552(a)(6)(A)(ii), the Agency has twenty working days to

21 respond, which expires on August 2, 2018.

22

27. As of the date of filing, Ms. Dillon and the Human Rights Defense Center have

23 received no response to the appeal.

24

THE HUMAN RIGHTS DEFENSE CENTER AND MS. DILLON’S CLAIM FOR

RELIEF

25

Violation of the Freedom of Information Act, 5 U.S.C. §552

26

28. This claim incorporates paragraphs 1 – 26 by reference.

27

FOIA COMPLAINT - 4
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 5 of 6

1

29. Immigration and Customs Enforcement wrongly withheld documents responsive

2 to the properly submitted request.

3

30. The Human Rights Defense Center and Ms. Dillon have a statutory right to all

4 the records sought, and there is no basis for the Immigration and Customs Enforcement to

5 withhold them.

6

31. By failing to release all the records specifically requested, Immigration and

7 Customs Enforcement has violated the Freedom of Information Act.

8

REQUESTED RELIEF

9

The Human Rights Defense Center and Ms. Dillon therefore respectfully request that

10 this Court:

11

1. Declare that the records they seek are subject to the Freedom of Information

12 Act;

13

2. Order Immigration and Customs Enforcement to disclose the requested records;

14

3. Award costs and attorneys’ fees under 5 U.S.C. § (a)(4)(E); and

15

4. Grant such other relief as the Court may consider just and proper.

16

//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

FOIA COMPLAINT - 5
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141 Document 1 Filed 08/03/18 Page 6 of 6

1

Date: August 3, 2018

2

3

4

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6

7

8

9

10

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12

13

14

15

16

17

18

19

20

21

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FOIA COMPLAINT - 6
4819-8010-3022v.1 0050033-000558

Respectfully submitted, /s/ Eric M. Stahl Eric M. Stahl, WSBA #27619 Davis Wright Tremaine LLP 1201 Third Avenue, Suite 2200 Seattle, WA 98101 Telephone (206) 757-8148 Fax (206) 757-7148 Email: ericstahl@dwt.com Deborah M. Golden Sabarish Neelakanta Human Rights Defense Center 316 F Street, NE #107 Washington, DC 20002 Telephone (202) 543-8100 Email: dgolden@humanrightsdefensecenter.org Pro Hac Vice applications pending ATTORNEYS FOR PLAINTIFFS THE HUMAN RIGHTS DEFENSE CENTER AND MICHELE DILLON
Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al, Docket No. 2_18-cv-01141 (W.D. Wash.
General Information

Court
Federal Nature of Suit Docket Number

United States District Court for the Western District of Washington; United States District Court for the Western District of Washington
Freedom of Information Act[895]
2:18-cv-01141

© 2019 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 8

 
 Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 1 of 6

1

The Honorable Thomas S. Zilly

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 The Human Rights Defense Center and Michelle Dillon,
10
Plaintiffs, 11
v. 12
U.S. Department of Homeland Security, and 13 United States Immigration and Customs
Enforcement, 14
Defendants. 15

No. 2:18-cv-01141 TSZ FIRST AMENDED COMPLAINT

16
1. This lawsuit is an action under the Freedom of Information Act, 5 U.S.C. § 552, 17
et seq., seeking production of records responsive to a request submitted by Ms. Michelle 18
Dillon, an employee of the Human Rights Defense Center, to Immigration and Customs 19
Enforcement. 20
JURISDICTION AND VENUE 21
2. This Court has both subject matter jurisdiction over this action and personal 22
jurisdiction over the defendant under 5 U.S.C. § 552(a)(4)(B) and 2201(a). 23
3. Venue is appropriate in this Court under 5 U.S.C. § 552(a)(4)(B). 24
PARTIES 25
4. Plaintiff Human Rights Defense Center is a non-profit organization that 26
advocates on behalf of the human rights of people held in U.S. detention facilities. Its advocacy 27

FOIA COMPLAINT - 1
4835-1220-4655v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 2 of 6

1 efforts include publishing Prison Legal News, a 72-page monthly publication that covers

2 prison-related news and litigation nationwide, and Criminal Legal News, a monthly publication

3 that covers the criminal justice system beyond incarceration. The Human Rights Defense

4 Center also publishes and distributes self-help reference books for prisoners, and engages in

5 litigation, media campaigns and outreach, public speaking and education, and testimony before

6 legislative and regulatory bodies.

7

5. Plaintiff Michelle Dillon resides in the Western District of Washington. She is

8 an employee of the Human Rights Defense Center in its Seattle office.

9

6. Defendant Department of Homeland Security is a department of the executive

10 branch of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).

11

7. Defendant Immigration and Customs Enforcement is a component of the United

12 States Department of Homeland Security and an agency under 5 U.S.C. §552(f)(1) and 5

13 U.S.C. § 701.

14

FACTS

15

Human Rights Defense Center’s Background and Mission

16

8. The Human Rights Defense Center was founded in 1990. It is dedicated to

17 public education, prisoner education, advocacy, and outreach to support the rights of prisoners

18 and to further basic human rights.

19

9. The Human Rights Defense Center’s publishing project distributes books to

20 prisoners and other customers. It also publishes two monthly magazines, Criminal Legal News

21 and Prison Legal News.

22

10. In addition to publishing, the Human Rights Defense Center engages is

23 advocacy and education.

24

11. Prior to a 2009 name change, the entire organization was known as Prisoners’

25 Legal News.

26

27

FOIA COMPLAINT - 2
4835-1220-4655v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 3 of 6

1

Immigration and Customs Enforcement

2

12. The United States Immigration and Customs Enforcement enforces federal laws

3 governing border control, customs, trade and immigration. It is a component of the United

4 States Department of Homeland Security.

5

The Request for Information at Issue

6

13. On March 20, 2018, Ms. Dillon sent a request via email to the Immigration and

7 Customs Enforcement for certain records related to litigation that the agency has resolved.

8

14. On behalf of the Human Rights Defense Center, Ms. Dillon requested records

9 regarding litigation against ICE and its employees or agents created since January 1, 2010. She

10 limited her request to claims and cases in which the government paid $1,000 or more. For

11 traffic-related claims and cases, she limited her request to those in which the payout was more

12 than $50,000.

13

15. In each case or claim described above, she asked to be provided:

14

• The Complaint or Claim Form and any amended versions;

15

• The Verdict Form, Final Judgment, Settlement Agreement, Consent

16

Decree, or other paper that resolved the case.

17

• A record that shows the amount of money involved in the resolution and

18

to whom it was paid.

19

16. The email requested a fee waiver.

20

17. Ms. Dillon’s request also included a spreadsheet of cases and claims, based on

21 the information provided on the United States Treasury Judgment Fund website. She noted that

22 the spreadsheet might not include reference to all responsive records, as some may not have

23 been included in the public database.

24

18. The spreadsheet contained all publically available information for case and

25 claim jurisdiction, court docket number, internal agency file numbers, agency control numbers,

26 and the Treasury payment identification number.

27

FOIA COMPLAINT - 3
4835-1220-4655v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 4 of 6

1

19. The Immigration and Customs Enforcement’s via email on April 2, 2018,

2 informing Ms. Dillon that the fee waiver request had been granted and that the request had been

3 assigned internal tracking number 2018-ICFO-26920.

4

20. The email also invoked the agency’s right to ten-day extension under 5 U.S.C. §

5 552(a)(6)(B).

6

21. The Immigration and Customs Enforcement’s Office of Information Governance

7 and Privacy further responded by letter dated April 18, 2018, informing Ms. Dillon that some

8 of the requested information may be duplicated on Public Access to Court Electronic Records,

9 www.PACER.gov.

10

22. On April 25, 2018, the ICE FOIA office asked Ms. Dillon via email for

11 clarification of the request. By further email correspondence, ICE FOIA clarified that the

12 request for clarification was a request to limit the time frame or scope of the document.

13

23. On April 26, 2018, Ms. Dillon notified ICE FOIA that the Human Rights

14 Defense Center declined to narrow the request.

15

24. On June 20, Ms. Dillon received a letter via email from the ICE Office of

16 Information Governance and Privacy. That letter denied FOIA request, stating “After careful

17 review of your FOIA request, we determined that your request is too broad in scope, did not

18 specifically identify the records which you are seeking, or only posed questions to the agency.”

19

25. On June 26, 2018, Ms. Dillon filed an appeal of this denial to the Office of the

20 Principal Legal Advisor for the U.S. Immigration and Customs Enforcement.

21

26. On July 6, 2018 that office sent an acknowledgment that the appeal was received

22 on July 5, 2018 and assigned the number 2018-ICAP-00366 for tracking purposes.

23

27. Per 5 U.S.C. § 552(a)(6)(A)(ii), the Agency has twenty working days to

24 respond, which expired on August 2, 2018.

25

28. On August 6, 2018, the Office of the Principal Legal Advisor emailed a final

26 denial of the appeal.

27

FOIA COMPLAINT - 4
4835-1220-4655v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 5 of 6

1

29. The email stated that the request was “vague, overbroad, and unduly

2 burdensome,” and therefore ICE decided not to process the request.

3

THE HUMAN RIGHTS DEFENSE CENTER AND MS. DILLON’S CLAIM FOR

RELIEF

4

Violation of the Freedom of Information Act, 5 U.S.C. §552

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30. This claim incorporates paragraphs 1 – 29 by reference.

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31. Immigration and Customs Enforcement wrongly withheld documents responsive

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to the properly submitted and appealed request.

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32. The Human Rights Defense Center and Ms. Dillon have a statutory right to all

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the records sought, and there is no basis for the Immigration and Customs Enforcement to

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withhold them.

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33. By failing to release all the records specifically requested, Immigration and

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Customs Enforcement has violated the Freedom of Information Act.

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REQUESTED RELIEF

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The Human Rights Defense Center and Ms. Dillon therefore respectfully request that

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this Court:

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1. Declare that the records they seek are subject to disclosure under the Freedom of

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Information Act;

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2. Order Immigration and Customs Enforcement to disclose the requested records;

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3. Award costs and attorneys’ fees under 5 U.S.C. § (a)(4)(E); and

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4. Grant such other relief as the Court may consider just and proper.

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///

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FOIA COMPLAINT - 5
4835-1220-4655v.1 0050033-000558

Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:18-cv-01141-TSZ Document 3 Filed 08/07/18 Page 6 of 6

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Date: August 7, 2018

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FOIA COMPLAINT - 6
4835-1220-4655v.1 0050033-000558

Respectfully submitted, /s/ Eric M. Stahl Eric M. Stahl, WSBA #27619 Davis Wright Tremaine LLP 1201 Third Avenue, Suite 2200 Seattle, WA 98101 Telephone (206) 757-8148 Fax (206) 757-7148 Email: ericstahl@dwt.com Deborah M. Golden Human Rights Defense Center 316 F Street, NE #107 Washington, DC 20002 Telephone (202) 543-8100 Email: dgolden@humanrightsdefensecenter.org Pro Hac Vice application pending Attorneys for Plaintiffs The Human Rights Defense Center and Michelle Dillon
Davis Wright Tremaine LLP
LAW OFFICES 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax