CASE NUMBER 1:O1CV00729 JUDGE: Paul L. Friedman DECK TYPE: FOIA/Privacy Act DATE STAMP. 04/04/2001

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


PAUL WOLF
Apex, North Carolina

           Plaintiff,

     v.

CENTRAL INTELLIGENCE AGENCY
Washington, D.C. 20505

     and

FEDERAL BUREAU OF INVESTIGATION
Washington, D.C. 20535

           Defendants.




COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

      1. This is an action under the Freedom of Information Act ("FOIA"), 5 USC Section 552, as amended, to order the production of:

      a) with the respect to the CENTRAL INTELLIGENCE AGENCY ("CIA"), any and all records concerning JORGE ELIECER GAITAN, Colombian Presidential candidate born January 26, 1903 in Bogota, Colombia, and assassinated on April 9, 1948 in Bogota.

      b) with respect to the FEDERAL BUREAU of INVESTIGATION ("FBI"), any and all records concerning JORGE ELIECER GAITAN, Colombian Presidential candidate born January 26, 1903 in Bogota, Colombia, and assassinated on April 9, 1948 in Bogota.

      2. The requested records in paragraph 1 above will contribute significantly to public understanding of the operations or activities of the government as they reflect t he activities of government agencies with respect to important formative events in the modern political life of the nation of Colombia which is now the subject of a large United States security assistance program.

      3. This Court has jurisdiction over this action pursuant to 5 USC Section 552(a)(4)(B).

      4. Plaintiff PAUL WOLF is a researcher and writer who resides in Apex, North Carolina and is working on a research and publishing project on the subject matter of these requests.

      5. Defendants CENTRAL INTELLIGENCE AGENCY and FEDERAL BUREAU OF INVESTIGATION are agencies of the United States government, and have possession and control over records that Plaintiff seeks.


COUNT ONE

      6. By letter dated September 9, 2000 to the CIA headquarters in Washington, Plaintiff requested any and all records concerning JORGE ELIECER GAITAN, Colombian Presidential candidate born January 26, 1903 in Bogota, Colombia, and assassinated on April 9, 1948 in Bogota, as set out also in Paragraph 1(a) above.

      7. With respect to Plaintiff's request described in paragraph 6 above, on September 22, 2000, CIA responded to the request by neither confirming or denying the existence or nonexistence of responsive records, citing FOIA exemptions 5 USC Sections 552 b(1) and b(3) (CIA assigned the request FOIA Reference No. F-2000-01932). By letter dated October 23, 2000 Plaintiff appealed the CIA's response administratively to the CIA Agency Release Panel. By letter dated December 14, 2000 the CIA's Agency Review Panel denied Plaintiff's administrative appeal and upheld the CIA's assertion of the b(1) and b(3) exemptions.


COUNT TWO

      8. By letter dated October 27, 2000 to FBI headquarters Plaintiff requested any and all records concerning JORGE ELIECER GAITAN, Colombian Presidential candidate born January 26, 1903 in Bogota, Colombia, and assassinated on April 9, 1948 -in Bogota, as also set out in Paragraph 1(b) above.

      9. In response to Plaintiff's request set forth in Paragraph 7 above, despite the elapse or more than twenty working days from receipt of the request, FBI has not provided the material nor made any determination as to release of the requested material (FBI assigned this FOIA request reference number 0932523-000).

      10. Plaintiff has a statutory right to the records that he seeks, and there is no legal basis for defendants' refusal to disclose them to Plaintiff.


      WHEREFORE, the Plaintiff prays that this Court:

      (1) Declare that defendants' refusal to disclose the records requested by plaintiff is unlawful;

      (2) Order defendants to make the requested records available to the plaintiff forthwith;

      (3) Order defendants to provide the records without any charge for search, processing or duplication fees;

      4) Award plaintiff his-costs and reasonable attorney's fees in this action; and

      (5) Grant such other and further relief as the Court may deem just and proper.

Respectfully submitted,



DANIEL S. ALCORN
Counsel for Plaintiff
D.C. Bar No. 383267
2952 Yarling Court
Falls Church, VA 22042
(703) 698-0225