UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

GEOFFREY NELS FIEGER

Plaintiff, CIVIL ACTION NO. 08-CV-14125

vs.

HON. DAVID M. LAWSON

FEDERAL ELECTION COMMISSION,

Defendant.

______________________________________________________________________________

FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF

NOW COMES Plaintiff, Geoffrey N. Fieger, by and through counsel, and files his First

Amended Complaint against the Federal Election Commission to order the production of agency

records which Defendant Federal Election Commission has failed to provide pursuant to the

Freedom of Information Act, 5 U.S.C. § 552, and the Administrative Procedures Act, 5 U.S.C. § 701

et. seq. Plaintiff further states the following:

1. Plaintiff, Geoffrey N. Fieger, is a duly licensed attorney who resides within the

geographical boundaries of the Eastern District of Michigan. 

2. On multiple occasions, Mr. Fieger has accused the Bush Justice Department of

conspiring with the Federal Election Commission to politicize the enforcement of federal campaign

finance laws. 

3. During the relevant times in question, the Federal Election Commission was headed

by Chairman Michael E. Toner who was appointed by President George W. Bush. Prior to his

appointment by President Bush, Toner served as Chief Counsel to the Republican National

Committee, and prior to that Mr. Toner served as General Counsel of the Bush-Cheney Transition

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Team and General Counsel of the Bush-Cheney 2000 Presidential Campaign.

4. This Court has jurisdiction over this act pursuant to 5 U.S.C. § 552 et. seq., 28 U.S.C.

§ 1331, and 5 U.S.C. § 701 et. seq.

5. Venue lies in this district under 5 U.S.C. § 552(a)(4)(B).

Plaintiff’s FOIA Request Dated July 3, 2008

6. Pursuant to the Freedom of Information Act, Plaintiff Fieger by and through his

undersigned counsel, requested, by letter dated July 3, 2008, documents, memoranda,

correspondences, and e-mails relating to the enforcement of federal campaign finance laws sent

between White House officials and Federal Election Commission employees including Chairman

Toner (See Exhibit A).

7. The documents sought by Plaintiff are in the possession of the Federal Election

Commission, an agency of the United States and are subject to the provisions of the Freedom of

Information Act.

8. Defendant Federal Election Commission failed to provide any such documents within

the time permitted under 5 U.S.C. § 552 et. seq., and thus Plaintiff is deemed to have exhausted his

administrative remedies under the Act.

9. Plaintiff Fieger has a right of access to the requested information under 5 U.S.C. §

552, and there is no legal basis for Defendant’s failure to comply with federal law.

Plaintiff’s FOIA Request Dated October 27, 2008

10. Pursuant to the Freedom of Information Act, Plaintiff Fieger by and through his

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undersigned counsel, again requested, by letter dated October 27, 2008, documents, memoranda,

correspondences, and e-mails of communications between White House officials and Federal

Election Commission employees and/or agents including Chairman Toner (See Exhibit B).

11. By letter dated December 3, 2008, Defendant Commission exercised its right to

extend its response time to Plaintiff’s FOIA request until December 17, 2008. 

12. By letter dated December 17, 2008, Defendant Commission requested from Plaintiff

another extension of time in which to respond to Plaintiff’s FOIA request. Plaintiff agreed to extend

Defendant Commission’s response time until December 31, 2008.

13. On December 31, 2008, Defendant Commission advised Plaintiff that it was unable

to comply fully with its response deadline.

14. Having failed to comply with the applicable time limits of the Act, Plaintiff is deemed

to have exhausted his administrative remedies. 

15. Plaintiff Fieger has a right of access to the requested information under 5 U.S.C. §

552, and there is no legal basis for Defendant’s failure to comply with federal law.

RELIEF REQUESTED

WHEREFORE, Plaintiff requests this Court:

(1) Order Defendant to provide access to the requested documents;

(2) Expedite this proceeding as provided for in 28 U.S.C. § 1657;

(3) Award Plaintiff costs and reasonable attorney fees in this action, as provided in 5 U.S.C.

§ 552(a)(4)(E); and 

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(4) Grant such other and further relief as it may deem just and proper.

Respectfully submitted,

/s/ Michael R. Dezsi 

MICHAEL R. DEZSI (P64530)

Attorney for Plaintiffs

19390 W. Ten Mile Road

Southfield, MI 48075

 (248) 355-5555

m.dezsi@fiegerlaw.com

Dated: February 9, 2009

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INDEX OF EXHIBITS

EXHIBIT DESCRIPTION

A FOIA Request letter dated 07/03/08

B FOIA Request letter dated 10/27/08

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