Case 1:20-cv-00665 Document 1 Filed 03/06/20 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LAWRENCE BARTLETT,
5010 Sangamore Road
Bethesda, MD 20816

v.
U.S. DEPARTMENT OF STATE
2201 C Street NW
Washington, DC 20520

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Plaintiff, )
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Defendant. )
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Case No. 20-cv-665

COMPLAINT
1.

Plaintiff Lawrence Bartlett brings this action against the U.S. Department of State

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 the U.S. Department of State has failed to comply with the

applicable time-limit provisions of FOIA, Plaintiff is deemed to have constructively exhausted
his administrative remedies pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial

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

Plaintiff Lawrence Bartlett is an individual U.S. citizen residing in Maryland.

Plaintiff is an employee of the U.S. Department of State.
6.

Defendant the U.S. Department of State (State) is a department of the executive

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

In or around June 2018, Plaintiff submitted a request to State pursuant to FOIA

and the Privacy Act, 5 U.S.C. § 552a, seeking all records, emails or correspondence pertaining to
Plaintiff, including by reference to his name or title, between January 20, 2017, and
March 20, 2018.
8.

Plaintiff clarified that responsive records should include emails and other

correspondence mentioning or pertaining to him either from or to specified State officials,
including emails and correspondence between those State officials and specified officials from
other U.S. government agencies.
9.

State acknowledged Plaintiff’s request and assigned it tracking number F-2018-

02206. Later correspondence between Plaintiff and State referenced tracking number F-201806656.
10.

By email dated August 30, 2018, Plaintiff provided additional detail and

clarification concerning his FOIA request. Specifically, Plaintiff provided more information

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concerning his identity and position with the department and reiterated that his initial request had
identified specific State personnel whose emails should be scanned for responsive records.
11.

On October 22, 2019, Plaintiff requested an update from State regarding his

pending FOIA request.
12.

On October 25, 2019, State responded that the request was “still in process and

ha[d] an August 30, 2022 [estimated date of completion].”
13.

Plaintiff has not received any further communication from State regarding this

FOIA request.
Exhaustion of Administrative Remedies
14.

As of the date of this Complaint, State has failed to (a) notify Plaintiff of a final

determination regarding Plaintiff’s FOIA request, including the scope of responsive records
Defendant 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.
15.

Through State’s failure to respond to Plaintiff’s FOIA request within the time

period required by law, Plaintiff has constructively exhausted his administrative remedies and
seeks immediate judicial review.
COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Searches for Responsive Records
16.

Plaintiff repeats the allegations in the foregoing paragraphs and incorporates them

as though fully set forth herein.
17.

Plaintiff properly requested records within the possession, custody, and control of

State.

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18.

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

search for requested records.
19.

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

those records that are responsive to Plaintiff’s FOIA request.
20.

State’s failure to conduct adequate searches for responsive records violates FOIA.

21.

Plaintiff is therefore entitled to declaratory and injunctive relief requiring State to

promptly make reasonable efforts to search for records responsive to Plaintiff’s FOIA request.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Records
22.

Plaintiff repeats the allegations in the foregoing paragraphs and incorporates them

as though fully set forth herein.
23.

Plaintiff properly requested records within the possession, custody, and control of

24.

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

State.

FOIA request any non-exempt records and provide a lawful reason for withholding any
materials.
25.

State is wrongfully withholding non-exempt agency records requested by Plaintiff

by failing to produce records responsive to its FOIA request.
26.

State is wrongfully withholding non-exempt agency records requested by Plaintiff

by failing to segregate exempt information in otherwise non-exempt records responsive to
Plaintiff’s FOIA request.
27.

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

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28.

Plaintiff is therefore entitled to declaratory and injunctive relief requiring State to

promptly produce all non-exempt records responsive to his FOIA request and provide an index
justifying the withholding of any responsive records withheld under claim of exemption.
REQUESTED RELIEF
WHEREFORE, Plaintiff respectfully requests the Court to:
(1) Order State to conduct a search or searches reasonably calculated to uncover all
records responsive to Plaintiff’s FOIA request;
(2) Order State to produce, by such date as the Court deems appropriate, any and all nonexempt records responsive to Plaintiff’s FOIA request and an index justifying the
withholding of any responsive records withheld under claim of exemption;
(3) Enjoin State from continuing to withhold any and all non-exempt records responsive
to Plaintiff’s FOIA request;
(4) Award Plaintiff attorneys’ fees and other litigation costs reasonably incurred in this
action, pursuant to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant Plaintiff such other relief as the Court deems just and proper.
Dated: March 6, 2020

Respectfully submitted,
/s/ Katherine M. Anthony
Katherine M. Anthony
D.C. Bar No. 1630524
/s/ Sara Kaiser Creighton
Sara Kaiser Creighton
D.C. Bar No. 1002367
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 897-3918
katherine.anthony@americanoversight.org
sara.creighton@americanoversight.org
Counsel for Plaintiff
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