Case 1:16-cv-02165-CKK Document 1 Filed 10/28/16 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

FIRST LOOK MEDIA WORKS, INC.,
114 Fifth Ave.
18th Floor
New York, NY 10011,
PLAINTIFF
vs.
DEPARTMENT OF HOMELAND
SECURITY,
245 Murray Ln., SW,
Washington, DC 20528

DEFENDANT

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) Civil Action No. ____________
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COMPLAINT

THE PARTIES
1.

Plaintiff First Look Media Works, Inc. is the non-profit journalism arm of First

Look Media, which has its principal place of business in New York, New York.

First Look

Media Works is a federally-recognized 501(c)(3) tax-exempt organization devoted to supporting
independent voices across all platforms through fearless investigative journalism and
documentary filmmaking. First Look Media Works publishes The Intercept, an award-winning
online news and journalism platform.
2.

Plaintiff seeks access to certain public records to write popular news articles for

distribution to the general public.
3.
States.

Defendant Department of Homeland Security (DHS) is an agency of the United

 Case 1:16-cv-02165-CKK Document 1 Filed 10/28/16 Page 2 of 4

4.

U.S. Immigration and Customs Enforcement (ICE) is a component of Defendant

5.

ICE has possession, custody and control of the records Plaintiff seeks.

DHS.

JURISDICTION AND VENUE
6.

This action arises under the Freedom of Information Act (“FOIA”), 5 USC § 552.

7.

This Court has jurisdiction over the parties and subject matter pursuant to 5 USC

§ 552(a)(4)(B).
8.

Venue is proper in this district pursuant to 5 USC § 552(a)(4)(B).

STATEMENT OF FACTS
BACKGROUND

9. Ali Winston, an independent reporter and agent of First Look Media Works, has
researched and reported on gang databases since 2014. The ICEGangs database and GangNet
software platform are the subject of his reporting because of the unknown number of individuals
entered into this system, the questionable accuracy of the law enforcement intelligence contained
in those files (see: https://www.documentcloud.org/documents/3010637-CalGang-Audit.html),
and the expenditure of public funds on the maintenance of this enterprise system. Other public
entities operating GangNet-based systems similar to ICEGangs, such as California's CalGang
database, have produced data and documentation in response to open records requests from Mr.
Winston.

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PLAINTIFF’S FOIA REQUEST

10.

On May 23, 2016, Plaintiff, by and through its agent Ali Winston, submitted a

FOIA request to ICE via email for certain records relating to the ICEGangs database and the
GangNet software platform. The request sought a waiver of fees and asked that Plaintiff be
considered a member of the news media for fee purposes.
11.

In email dated June 9, 2016, ICE acknowledged receipt of Plaintiff’s FOIA

request and assigned it tracking number 2016-ICFO-38170. The email further indicated that ICE
would not process Plaintiff’s FOIA request because it “is too broad in scope, did not specifically
identify the records which you are seeking, or only posed questions to the agency.”
12.

On June 15, 2016, Plaintiff, by and through its agent Ali Winston,

administratively appealed ICE’s action on the FOIA request.
13.

As of the filing of this Complaint, Plaintiff has not received any response from

ICE with a final determination as to the appeal.
14.

Because more than 20 business days have elapsed without a final determination

on the administrative appeal, Plaintiff is deemed to have exhausted its administrative remedies.
COUNT I:
VIOLATION OF FOIA
15.

This Count realleges and incorporates by reference all of the preceding

paragraphs. All documents referenced in this Complaint are incorporated by reference as if set
forth fully herein.
16.

ICE has improperly withheld records responsive to FOIA request tracking number

2016-ICFO-38170.

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17.

ICE has improperly failed to grant or even rule on Plaintiff’s request for a fee

waiver associated and its request to be treated as a member of the news media for fee purposes.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
(1) Declare Defendant’s failure to comply with FOIA to be unlawful;
(2) Order ICE to immediately disclose the records being wrongfully withheld without
payment or search or duplication fees;
(3) Grant Plaintiff an award of attorney fees and other litigation costs reasonably incurred in
this action pursuant to 5 USC § 552(a)(4)(E)(i);
(4) Grant Plaintiff such other and further relief which the Court deems proper.

Respectfully Submitted,
__/s/ Jeffrey Light_______________
Jeffrey L. Light
D.C. Bar #485360
1712 Eye St., NW
Suite 915
Washington, DC 20006
(202)277-6213
Jeffrey@LawOfficeOfJeffreyLight.com
Counsel for Plaintiff

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