MICHAEL IOANE Uncategorized Chapter 3 – Disclosure Suit For F.O.I.A. & The Privacy Act

Chapter 3 – Disclosure Suit For F.O.I.A. & The Privacy Act

Table of Contents

Background Information
The Complaint
Filing Your Complaint
Service of Summons and Complaint
Service By Certified Mail
Brief Description of Sample Disclosure
Suit Documents

Text from book, see the simplicity of words and explanation of law for lay man to understand.

First a suit, brought to compel disclosure of information requested under either the Freedom of Information or Privacy Act, should be initiated pertaining to a request made in the previous section of this segment.  The suit can also be initiated in regard to a request such as that made for the agency determination that the term “tax protestor” is return or return information.  See the F.O.I.A. request designated (TPf) in the previous section of this segment.

It is neither idealistic nor intelligent to bring a lawsuit, under either Act, based on belief or conjecture which will only bring upon yourself money sanctions for filing a frivolous suit.  Make every lawsuit that you file count, and always capitalize on mistakes made by the United States Attorney, since most of the government’s defense comes out of a computer.

Title 5 U.S.C. 552(a)(4), and Title 28 U.S.C. 1361 provides the district court with jurisdiction to hear a F.O.I.A. suit to compel disclosure of the requested information. Likewise Title 5 U.S.C. 552a(g)(1)(B)(D), and Title 28 U.S.C. 1361 provide the district court with jurisdiction to hear a Privacy Act suit to compel disclosure of the requested information.

To commence a suit, under either of the Freedom of Information or Privacy Acts you will need to obtain certain forms and information from the Federal District Court.  Look in your phone book, under U.S.or United States Government, to obtain the phone number and address for the clerk of the Federal District Court that serves your area.  You can also obtain the same information through the local office of your representative in either house of the U.S. Congress, or Senate.  You can obtain the following forms and information from the office of the clerk for the federal district court by: