Case 1:19-cv-02941 Document 1 Filed 10/01/19 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiff, )
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v.
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U.S. DEPARTMENT OF TRANSPORTATION, )
1200 New Jersey Avenue SE
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Washington, DC 20590
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Defendant. )
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RESTORE PUBLIC TRUST,
1875 Connecticut Avenue NW, 10th Floor
Washington, DC 20009-6046

Case No. 19-cv-2941

COMPLAINT
1.

Plaintiff Restore Public Trust brings this action against the U.S. Department of

Transportation under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the
Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking declaratory and injunctive
relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. §§ 1331, 2201, and 2202.
3.

Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1391(e).
4.

Because Defendant has failed to comply with the applicable time-limit provisions

of the FOIA, Restore Public Trust is deemed to have exhausted its administrative remedies
pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining the agency

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from continuing to withhold agency records and ordering the production of agency records
improperly withheld.
PARTIES
5.

Plaintiff Restore Public Trust is a public interest organization that promotes

accountability and transparency in government to root out corruption and malfeasance. It is
designed to serve as a critical resource for policymakers and elected officials investigating public
corruption, members of the public looking for more information about what their government is
or is not doing, and journalists examining the alleged malfeasance of government officials. It
uses the information it gathers, and its analysis of that information, to educate the public through
reports, press releases and other media. Restore Public Trust also makes the material it gathers
available on its public website.
6.

Defendant the U.S. Department of Transportation (DOT) is a department of the

executive branch of the U.S. government headquartered in Washington, D.C., and an agency of
the federal government within the meaning of 5 U.S.C. § 552(f)(1). DOT has possession,
custody, and control of the records that Restore Public Trust seeks.
STATEMENT OF FACTS
7.

On June 14, 2019, Restore Public Trust submitted a FOIA request to DOT

seeking all correspondence between officials in the Office of the Immediate Secretary and
President and CEO of American Crossroads Steven Law. A copy of the FOIA Request is
attached hereto as Exhibit A and incorporated herein.
8.

On June 23, 2019, DOT sent Restore Public Trust an acknowledgement letter

assigning the request tracking number 2019-329.

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9.

Restore Public Trust has not received any further correspondence from DOT

regarding the FOIA Request.
Exhaustion of Administrative Remedies
10.

As of the date of this complaint, DOT has failed to (a) notify Restore Public Trust

of any determination regarding its FOIA request, including the scope of any responsive records
DOT intends to produce or withhold and the reasons for any withholdings; or (b) produce the
requested records or demonstrate that the requested records are lawfully exempt from
production.
11.

Through DOT’s failure to respond to Restore Public Trust’s FOIA request within

the time period required by law, Restore Public Trust has constructively exhausted its
administrative remedies and seeks immediate judicial review.
COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Search for Responsive Records
12.

Restore Public Trust repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
13.

Restore Public Trust properly requested records within the possession, custody,

and control of DOT.
14.

DOT is an agency subject to FOIA and must therefore make reasonable efforts to

search for requested records.
15.

DOT has failed to promptly review agency records for the purpose of locating

those records which are responsive to Restore Public Trust’s FOIA request.
16.

DOT’s failure to conduct an adequate search for responsive records violates

FOIA.

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17.

Plaintiff Restore Public Trust is therefore entitled to injunctive and declaratory

relief requiring Defendant to promptly make reasonable efforts to search for records responsive
to Restore Public Trust’s FOIA request.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Responsive Records
18.

Restore Public Trust repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
19.

Restore Public Trust properly requested records within the possession, custody,

and control of DOT.
20.

DOT is an agency subject to FOIA and must therefore release in response to a

FOIA request any non-exempt records and provide a lawful reason for withholding any
materials.
21.

DOT is wrongfully withholding non-exempt agency records requested by Restore

Public Trust by failing to produce non-exempt records responsive to its FOIA request.
22.

DOT is wrongfully withholding non-exempt agency records requested by Restore

Public Trust by failing to segregate non-exempt information in otherwise exempt records
responsive to Restore Public Trust’s FOIA request.
23.

DOT’s failure to provide all non-exempt responsive records violates FOIA.

24.

Plaintiff Restore Public Trust is therefore entitled to declaratory and injunctive

relief requiring Defendant to promptly produce all non-exempt records responsive to its FOIA
request and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.

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REQUESTED RELIEF
WHEREFORE, Restore Public Trust respectfully requests the Court to:
(1) Order Defendant to conduct a search or searches reasonably calculated to uncover all
records responsive to Restore Public Trust’s FOIA request;
(2) Order Defendant to produce, within twenty days of the Court’s order, or by such other
date as the Court deems appropriate, any and all non-exempt records responsive to
Restore Public Trust’s FOIA request and indexes justifying the withholding of any
responsive records withheld under claim of exemption;
(3) Enjoin Defendant from continuing to withhold any and all non-exempt records
responsive to Restore Public Trust’s FOIA request;
(4) Award Restore Public Trust the costs of this proceeding, including reasonable
attorneys’ fees and other litigation costs reasonably incurred in this action, pursuant
to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant Restore Public Trust such other relief as the Court deems just and proper.

Dated: October 1, 2019

Respectfully submitted,
/s/ Sara Kaiser Creighton
Sara Kaiser Creighton
D.C. Bar No. 1002367
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 869-5245
sara.creighton@americanoversight.org
Counsel for Plaintiff Restore Public Trust

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EXHIBIT A

Case 1:19-cv-02941 Document 1-1 Filed 10/01/19 Page 2 of 2

June 14, 2019

Re: Freedom of Information Act Request
Pursuant to the Freedom of Information Act, Restore Public Trust requests access to and copies of correspondence sent to,
sent by, carbon copying ("CC"), or blind carbon copying ("BCC") officials in the Department of Transportation, Office of the
Immediate Secretary that was sent to, sent by, carbon copying ("CC"), or blind carbon copying ("BCC") Steven Law, also
known as Steve Law, between and including January 31, 2017 and the date the search is performed.
"Correspondence" should include but not be limited to: emails, email attachments, text messages, telephone call logs, calendar
invitations/entries, meeting notices, meeting agendas, informational material, talking points, any handwritten or electronic
notes taken during any responsive communications, summaries of any responsive communications, or other materials
reflecting communications sent to, from, carbon copying (CC), or blind carbon copying (BCC) all relevant individuals.
If possible, I would prefer to receive this information electronically via e-mail at info@restorepublictrust.org. If you have
questions or need additional information, please feel free to call me at 202-449-4367.
Fee Waiver Request
Restore Public Trust requests a waiver of fees because disclosure of the requested information is "in the public interest
because it is likely to contribute significantly to public understanding" of government operations and is not "primarily in the
commercial interest of the requester." The disclosure of the information sought under this request will document and reveal
the operations of the federal government, including how public funds are spent and how officials conduct the public's
business.
This request is primarily and fundamentally for non-commercial purposes. As a project of a 501(c)(3) organization, Restore
Public Trust does not have a commercial purpose and the release of the information requested is not in Restore Public Trust
financial interest. Restore Public Trust will use the information gathered, and its analysis of it, to educate the public through
reports, press releases, or other media. Restore Public Trust will also make materials it gathers available on its public website.
Accordingly, Restore Public Trust qualifies for a fee waiver.
Conclusion
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.
Additionally, if any documents are withheld based on the Agency's interpretation of any exemption, Restore Public Trust
requests that you provide an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973),
cert. denied, 415 U.S. 977 (1974). Specifically, this Vaughn index should describe withheld documents with enough specificity
to determine whether the material is exempt under the act and must describe each document or portion withheld.
Thank you for your assistance.
Sincerely,
Caroline Ciccone
Executive Director, Restore Public Trust

Restore Public Trust, 1875 Connecticut Ave NW (Floor 10), Washington, DC 20009