Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF FLORIDA
`TALLAHASSEE DIVISION
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`
`Plaintiff,
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`STATE OF FLORIDA,
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`
`
`UNITED STATES DEPARTMENT
`OF JUSTICE; and UNITED STATES
`DEPARTMENT OF HEALTH &
`HUMAN SERVICES,
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`
`
`Defendants.
`
`_________________________________
`
`
`v.
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`
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` Case No. 4:23-cv-145
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`
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`
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`COMPLAINT FOR INJUNCTIVE RELIEF AND
`TO COMPEL PRODUCTION OF DOCUMENTS
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`
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`The State of Florida brings this action against the U.S. Department of Justice
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`(DOJ) and the U.S. Department of Health and Human Services (HHS) to compel
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`compliance with the Freedom of Information Act (FOIA), 5 U.S.C. § 552.
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`PARTIES
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`1.
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` Plaintiff State of Florida is a sovereign State and has the authority and
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`responsibility to protect its public fisc and the health, safety, and welfare of its
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`citizens and to seek information related to these duties.
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`
`
`1
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF FLORIDA
`TALLAHASSEE DIVISION
`
`
`Plaintiff,
`
`
`STATE OF FLORIDA,
`
`
`
`
`
`UNITED STATES DEPARTMENT
`OF JUSTICE; and UNITED STATES
`DEPARTMENT OF HEALTH &
`HUMAN SERVICES,
`
`
`
`Defendants.
`
`_________________________________
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
` Case No. 4:23-cv-145
`
`
`
`
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND
`TO COMPEL PRODUCTION OF DOCUMENTS
`
`
`
`The State of Florida brings this action against the U.S. Department of Justice
`
`(DOJ) and the U.S. Department of Health and Human Services (HHS) to compel
`
`compliance with the Freedom of Information Act (FOIA), 5 U.S.C. § 552.
`
`PARTIES
`
`1.
`
` Plaintiff State of Florida is a sovereign State and has the authority and
`
`responsibility to protect its public fisc and the health, safety, and welfare of its
`
`citizens and to seek information related to these duties.
`
`
`
`1
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`
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`Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 2 of 6
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`2.
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`Defendant DOJ is an agency of the United States Government. DOJ has
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`possession, custody, and control of certain public records to which Florida seeks
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`access.
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`3.
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`Defendant HHS is an agency of the United States Government. HHS
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`has possession, custody, and control of certain public records to which Florida seeks
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`access.
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`JURISDICTION AND VENUE
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`4.
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`The Court has jurisdiction over this action pursuant to 5 U.S.C.
`
`§ 552(a)(4)(B) and 28 U.S.C. § 1331.
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`5.
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`Venue lies in this district pursuant to 28 U.S.C. § 1391(e)(1) because
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`the State of Florida is a resident of every judicial district in its sovereign territory,
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`including this judicial district (and division). See California v. Azar, 911 F.3d 558,
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`570 (9th Cir. 2018); Florida v. United States, No. 3:21-cv-1066, 2022 WL 2431443,
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`at *2 (N.D. Fla. Jan. 18, 2022).1
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`STATEMENT OF FACTS
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`6.
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`On February 9, 2022, Florida sent FOIA requests to Defendants. See
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`Ex. 1; Ex. 2; Ex. 3. Among other documents, the requests sought records regarding
`
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`1 Accord Alabama v. U.S. Army Corps of Eng’rs, 382 F. Supp. 2d 1301, 1329 (N.D. Ala. 2005);
`see also Atlanta & F.R. Co. v. W. Ry. Co. of Ala., 50 F. 790, 791 (5th Cir. 1892) (explaining that
`“the state government . . . resides at every point within the boundaries of the state”).
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`
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`2
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`
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`Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 3 of 6
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`the use of federal grant funds to promote drug use, including through the provision
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`of drug paraphernalia such as crack pipes.
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`7.
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`Florida sent the request to MRUFOIA.Requests@usdoj.gov, the email
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`address provided for DOJ.2 See Ex. 2.
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`8.
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`Florida also sent the request to HHS via HHS’s online FOIA
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`submission portal. See Ex. 3.
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`9.
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`Under 5 U.S.C. § 552(a)(6)(A)(i), Defendants must respond to a FOIA
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`requests within twenty working days of receipt. Here, Defendants were required to
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`respond by March 10, 2022.
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`10. Section 552(a)(6)(B) allows an agency to take an extension of ten
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`working days if “unusual circumstances” require more time for completion of the
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`request. Neither DOJ nor HHS invoked this exception.
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`11. Even if they had invoked the ten-day extension, Defendants’ response
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`would have been due March 24, 2022.
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`12. As of the date of this Complaint, Defendants have failed to (i) determine
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`whether to comply with the requests; (ii) notify Florida of any such determination or
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`the reasons therefor; (iii) advise Florida of the right to appeal any adverse
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`2 DOJ provides FOIA contact information at https://www.justice.gov/oip/make-foia-
`request-doj#2.
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`3
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`Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 4 of 6
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`determination; or (iv) produce the requested records or otherwise demonstrate that
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`the requested records are exempt from production.
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`COUNT I
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`Violation of the Freedom of Information Act, 5 U.S.C. § 552
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`13. Florida repeats and incorporates by reference ¶¶ 1–12.
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`14. Defendants have failed to process and make a determination regarding
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`Florida’s February 9, 2022 FOIA requests within the statutory time limit and are
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`unlawfully withholding records requested by Florida under 5 U.S.C. § 552.
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`15. Because Defendants failed to make a final determination on Florida’s
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`requests within the time limits set by FOIA, Florida is deemed to have exhausted its
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`administrative remedies. See 5 U.S.C. § 552(a)(6)(C)(i).
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`16. Defendants’ actions harm Florida by continuously denying Florida
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`access to documents that it has a legal right to. This harm is irreparable because no
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`monetary damages can compensate Florida for this loss. Florida will continue to be
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`irreparably harmed unless and until Defendants are compelled to conform their
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`conduct to the requirements of the law.
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`PRAYER FOR RELIEF
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`For these reasons, Florida asks the Court to:
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`a) Order Defendants to conduct a search for any and all records responsive
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`to Florida’s FOIA requests and to demonstrate that they employed search
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`4
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`Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 5 of 6
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`methods reasonably calculated to uncover all records responsive to the
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`requests;
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`b) Order Defendants to produce, by a date certain, any and all non-exempt
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`records responsive to Florida’s FOIA requests and an index of any
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`responsive records withheld under claim of exemption;
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`c) Enjoin Defendants from continuing to withhold any and all non-exempt
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`records responsive to Florida’s FOIA requests;
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`d) Award Florida costs and reasonable attorney’s fees pursuant to 5 U.S.C.
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`§ 552(a)(4)(E); and
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`e) Award such other relief as the Court deems equitable and just.
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`5
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`Case 4:23-cv-00145-RH-MAF Document 1 Filed 04/12/23 Page 6 of 6
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`Respectfully submitted,
`
`Ashley Moody
`ATTORNEY GENERAL
`John Guard (FBN 374600)
`CHIEF DEPUTY ATTORNEY GENERAL
`James H. Percival (FBN 1016188)
`CHIEF OF STAFF
`Henry C. Whitaker (FBN 1031175)
`SOLICITOR GENERAL
`
`
`/s/ Natalie Christmas
`Natalie Christmas (FBN 1019180)
`COUNSELOR TO THE ATTORNEY GENERAL
`
`Office of the Attorney General
`The Capitol, Pl-01
`Tallahassee, Florida 32399-1050
`(850) 414-3300
`(850) 410-2672 (fax)
`natalie.christmas@myfloridalegal.com
`
`Counsel for the State of Florida
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`6
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