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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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The Human Rights Defense Center and Michelle
Dillon,

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No.
Plaintiffs,

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COMPLAINT
v.

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U.S. Department of Homeland Security, and
United States Immigration and Customs
Enforcement,

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Defendants.
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1.

This lawsuit is an action under the Freedom of Information Act, 5 U.S.C. § 552,

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et seq., seeking production of records responsive to a request submitted by Ms. Michelle
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Dillon, an employee of the Human Rights Defense Center, to Immigration and Customs
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Enforcement.
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JURISDICTION AND VENUE

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2.

This Court has both subject matter jurisdiction over this action and personal

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jurisdiction over the defendant under 5 U.S.C. § 552(a)(4)(B) and 2201(a).
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3.

Venue is appropriate in this Court under 5 U.S.C. § 552(a)(4)(B).

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PARTIES

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4.

Plaintiff Human Rights Defense Center is a non-profit organization that

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advocates on behalf of the human rights of people held in U.S. detention facilities. Its advocacy
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FOIA COMPLAINT - 1
4819-8010-3022v.1 0050033-000558

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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

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

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

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

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

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

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legislative and regulatory bodies.

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5.

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

an employee of the Human Rights Defense Center in its Seattle office.
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Defendant Department of Homeland Security is a department of the executive

branch of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).
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Defendant Immigration and Customs Enforcement is a component of the United

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

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U.S.C. § 701.

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FACTS
Human Rights Defense Center’s Background and Mission

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

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

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and to further basic human rights.

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

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

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and Prison Legal News.

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

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

Legal News.

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

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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

Immigration and Customs Enforcement

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The United States Immigration and Customs Enforcement enforces federal laws

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

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States Department of Homeland Security.
The Request for Information at Issue

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13.

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

Customs Enforcement for certain records related to litigation that the agency has resolved.
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On behalf of the Human Rights Defense Center, Ms. Dillon requested records

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

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

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

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than $50,000.

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

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•

The Complaint or Claim Form and any amended versions;

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The Verdict Form, Final Judgment, Settlement Agreement, Consent
Decree, or other paper that resolved the case.

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•

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A record that shows the amount of money involved in the resolution and
to whom it was paid.

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The email requested a fee waiver.

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

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

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

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not have been included in the public database.

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

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

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assigned internal tracking number 2018-ICFO-26920.

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

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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

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

552(a)(6)(B).
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The Immigration and Customs Enforcement’s Office of Information Governance

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

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

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www.PACER.gov.

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

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

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

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

Defense Center declined to narrow the request.
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On June 20, Ms. Dillon received a letter via email from the ICE Office of

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

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

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

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

Principal Legal Advisor for the U.S. Immigration and Customs Enforcement.
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On July 6, 2018 that office sent an acknowledgment that the appeal was received

on July 5, 2018 and assigned the number 2018-ICAP-00366 for tracking purposes.
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Per 5 U.S.C. § 552(a)(6)(A)(ii), the Agency has twenty working days to

respond, which expires on August 2, 2018.
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As of the date of filing, Ms. Dillon and the Human Rights Defense Center have

received no response to the appeal.
THE HUMAN RIGHTS DEFENSE CENTER AND MS. DILLON’S CLAIM FOR
RELIEF

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Violation of the Freedom of Information Act, 5 U.S.C. §552
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This claim incorporates paragraphs 1 – 26 by reference.

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

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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

29.

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Immigration and Customs Enforcement wrongly withheld documents responsive

to the properly submitted request.
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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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By failing to release all the records specifically requested, Immigration and

Customs Enforcement has violated the Freedom of Information Act.

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

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this Court:
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Declare that the records they seek are subject to the Freedom of Information

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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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Act;

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

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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

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Date: August 3, 2018
Respectfully submitted,

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/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

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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

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Pro Hac Vice applications pending
ATTORNEYS FOR PLAINTIFFS THE HUMAN
RIGHTS DEFENSE CENTER AND MICHELE
DILLON

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

Davis Wright Tremaine LLP
L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax