Evangelo Actipis FOIA Lawsuit - PL

Case 1:24-cv-01706-TSC Document 1 Filed 06/12/24 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
)
ACCOUNTABILITY FBI, INC., )
2337 Magazine St. Unit D )
New Orleans, LA 70130 )
)
Plaintiff, )
)
v. ) Civil Action No. 24-1706
)
U.S. DEPARTMENT OF JUSTICE, )
950 Pennsylvania Avenue, NW )
Washington, DC 20530-0001 )
)
Defendant. )
)
)
COMPLAINT
Plaintiff Accountability FBI, Inc. (“Plaintiff”) brings this action against Defendant U.S.
Department of Justice to compel compliance with the Freedom of Information Act, 5 U.S.C. § 552
(“FOIA”). As grounds therefor, Plaintiff alleges as follows:
JURISDICTION AND VENUE
1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331, as this action arises under
5 U.S.C. § 552(a)(4)(B).
2. Venue is proper in the District of Columbia pursuant to 28 U.S.C. § 1391(e) and
5 U.S.C. § 552(a)(4)(B).
PLAINTIFF
3. Plaintiff is a non-profit organization incorporated in Louisiana with a principal place
of business in New Orleans, LA. The specific objectives and purposes of the Plaintiff are to provide
for greater public accountability of the Federal Bureau of Investigation (“FBI”), U.S. Department of
1
Justice, and other government entities, and educate the public about them, through public
transparency of those institutions by providing legal services as follows: 1) representing FBI
whistleblowers in making protected disclosures of government wrongdoing under 5 U.S.C. § 2303
or under the First Amendment to the U.S. Constitution; 2) litigating cases involving FBI employees’
constitutional and due process rights which may set precedent to protect future whistleblowers; 3)
making FOIA requests of the FBI, Department of Justice, and other government entities, and
litigating those requests that are denied or redacted, as appropriate, for public dissemination of the
information obtained; and 4) providing other services that will further transparency and
accountability of government entities and officials, and educate the public about them.
DEFENDANT
4. Defendant U.S. Department of Justice (“DOJ”) is a federal agency headquartered in
Washington, DC. DOJ is a federal agency within the meaning of 5 U.S.C. § 552(f)(1), located at 950
Pennsylvania Avenue NW, Washington, DC 20530. The FBI is a component of DOJ. Thus, upon
information and belief, DOJ, through its component, has possession, custody, and control of the
records, within the meaning of 5 U.S.C. § 552(f)(2), to which the Plaintiff seeks access.
FACTS
A. FOIA REQUEST FOR RECORDS ABOUT WADE ALEXANDER.
5. On March 10, 2022, in order to expose the FBI’s abuse of its employees through the
security clearance process, the Plaintiff submitted a FOIA request to the FBI through its online portal
for the following records:
Request any and all records pertaining to the suspension of the security clearance of
Wade Stuart Alexander, formerly of [Address Redacted], any and all allegations of
misconduct against Alexander, and any investigations of Alexander during the period
from September 1, 2013 through December 31, 2013. Records include, but are not
limited to: interview reports, disciplinary files, security clearance files, and electronic
mail. Mr. Alexander has agreed to waive his privacy rights/consent to release of this
information and has provided a signed declaration under penalty of perjury pursuant
2
to 28 U.S.C. § 1746 and 28 CFR § 16.3(a)(4), which is attached.
6. On March 18, 2022, the FBI provided a letter to the Plaintiff acknowledging receipt
of the request which was assigned request number 1507914-001. The FBI also notified the Plaintiff
that future correspondence would be sent through standard mail.
7. On June 10, 2024, the Plaintiff checked the status of the request on the FBI’s website.
According to the website, “The FBI’s FOIPA Program has identified potential responsive
information to your request(s) and awaits assignment to a Government Information Specialist (GIS)
for further processing.”
B. FOIA REQUEST FOR RECORDS ABOUT EVANGELO ACTIPIS.
8. On November 24, 2022, in order to expose failures in the FBI’s selection and
supervision of undercover employees, the Plaintiff submitted a FOIA request to the FBI through its
online portal for the following records:
Request any and all records pertaining to the FBI’s decision to allow Evangelo
B. Actipis act as an undercover officer for the FBI. (Actipis was likely not an FBI
employee, but a task force officer.) Records include but are not limited to: Undercover
Safeguard Unit records regarding Actipis’ suitability for working undercover and a
memorandum or e-mail to James H. “Chip” Burrus of the FBI’s Criminal
Investigative Division from Section Chief Richard Klein, during or around February
2006, regarding Actipis. Actipis was killed when he drove headlong into a police car.
See Carolyn Rusin, George Houde, and Brendan McCarthy, Head-on crash kills
driver; cop is critical, Chicago Tribune (Feb. 17, 2006) available at
https://www.chicagotribune.com/news/ct-xpm-2006-02-17-0602170195-story.html
(last visited Nov. 24, 2022). Actipis is not identified as a law enforcement officer in
the news article. Actipis’ blood alcohol concentration was four times the legal limit
and the police officer in the crash, Tim Sheehan, was severely injured. See
https://fatalencounters.org/view/person/victim/fc677775/?pagenum=1012 (last
visited Nov. 24, 2022). Since Actipis is deceased, he has no remaining privacy
interest. The public interest in this request is to educate the public about how the FBI
approves officers for undercover work, including those with severe substance abuse
problems.
9. On November 30, 2022, the FBI provided a letter to the Plaintiff acknowledging
receipt of the request which was assigned request number 1573861-000.
3
According to the website, “The FBI’s FOIPA Program has identified potential responsive
information to your request(s) and awaits assignment to a Government Information Specialist (GIS)
for further processing.”
C. FOIA REQUEST FOR LIST OF FBI INVESTIGATIVE CLASSIFICATIONS.
11. On February 7, 2023, in order to help the public better understand FBI files—
including helping the public request FBI files using the FBI’s investigative classifications—the
Plaintiff submitted a FOIA request to the FBI through its online portal for the following records:
Request the current list of FBI investigative classifications. This list has been
distributed in a small booklet form to employees in the past, although it may be
available on the FBI’s internal network. To further describe what the requester is
seeking, the FBI investigative classifications are a set of alphanumeric designations
with one to three digits and a letter for each type of investigation and/or file. For
example, investigations related to corruption of state/local officials (law enforcement
officials) are, or were at one time, “194C”. (For further clarification, the requester is
NOT seeking any documentation pertaining to classification of material to protect
national security information as described in Executive Order 13,526.)
12. On February 10, 2023, the FBI provided a letter to the Plaintiff acknowledging
receipt of the request which was assigned request number 1581665-000.
According to the website, “The information you have requested is part of a previously requested
subject matter and will be preprocessed in accordance to the prior releasable information.”
COUNT ONE
Violation of FOIA, 5 U.S.C. § 552
Wade Alexander Request
14. The foregoing allegations are re-alleged and incorporated herein by reference.
15. DOJ is an agency of the federal government within the meaning of 5 U.S.C. § 552(f).
16. The FBI is a component of DOJ.
17. On March 10, 2022, the Plaintiff submitted a FOIA request for records about Wade
4
Alexander to the FBI through its online portal.
18. More than two years later, on June 10, 2024, according to the FBI’s website, the
request awaited assignment for further processing.
19. The FBI has failed to respond to the Plaintiff’s request within the statutory time
period. See 5 U.S.C. § 552(a)(6).
20. Accordingly, the Plaintiff has exhausted its administrative remedies. See 5 U.S.C.
§ 552(a)(6)(C).
21. By failing to release all responsive, non-exempt records, the FBI has violated FOIA.
See 5 U.S.C. § 552(a)(3)(A).
COUNT TWO
Evangelo Actipis Request
25. On November 24, 2022, the Plaintiff submitted a FOIA request for records about
Evangelo Actipis to the FBI through its online portal.
26. More than eighteen months later, on June 10, 2024, according to the FBI’s website,
the request awaited assignment for further processing.
period. See 5 U.S.C. § 552(a)(6).
§ 552(a)(6)(C).
See 5 U.S.C. § 552(a)(3)(A).

5
COUNT THREE
Investigative Classifications Request
33. On February 7, 2023, the Plaintiff submitted a FOIA request for a list of FBI
investigative classifications to the FBI through its online portal.
34. More than sixteen months later, on June 10, 2024, according to the FBI’s website,
the request “will be preprocessed in accordance to the prior releasable information.”
period. See 5 U.S.C. § 552(a)(6).
§ 552(a)(6)(C).
See 5 U.S.C. § 552(a)(3)(A).
RELIEF
WHEREFORE, Plaintiff respectfully requests relief as follows:
38. An injunction requiring DOJ to produce, by a date certain, all records responsive to
Plaintiff’s FOIA requests.
39. Costs and reasonable attorney fees.
40. Such other relief as this Court deems just and equitable.
6
Respectfully Submitted,
June 12, 2024 /s/ Michael S. Zummer

Michael S. Zummer (La. Bar No. 31375)
2337 Magazine St. Unit D
New Orleans, LA 70130
Telephone: (504) 717-5913
E-mail: afbilitigation@gmail.com
Counsel for Plaintiff
7
Case 1:24-cv-01706-TSC Document 1-1 Filed 06/12/24 Page 1 of 2
CIVIL COVER SHEET
JS-44 (Rev. 11/2020 DC)
I. (a) PLAINTIFFS DEFENDANTS
ACCOUNTABILITY FBI, INC. U.S. DEPARTMENT OF JUSTICE
88888
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________ 11001
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN)
Michael S. Zummer
(504) 717-5913
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR
(PLACE AN x IN ONE BOX ONLY) PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
o 1 U.S. Government o 3 Federal Question

PTF DFT
o1 o1
PTF
o4 o4
DFT
Plaintiff (U.S. Government Not a Party) Citizen of this State Incorporated or Principal Place
of Business in This State
o 2 U.S. Government o 4 Diversity Citizen of Another State o2 o2 Incorporated and Principal Place o5 o5
Defendant (Indicate Citizenship of
of Business in Another State
Parties in item III) Citizen or Subject of a
Foreign Country
o3 o3 Foreign Nation o6 o6
IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)
o A. Antitrust o B. Personal Injury/ o C. Administrative Agency o D. Temporary Restraining
Malpractice Review Order/Preliminary
410 Antitrust Injunction
310 Airplane 151 Medicare Act
315 Airplane Product Liability Any nature of suit from any category
320 Assault, Libel & Slander Social Security
may be selected for this category of
861 HIA (1395ff)
330 Federal Employers Liability case assignment.
862 Black Lung (923)
340 Marine
863 DIWC/DIWW (405(g)) *(If Antitrust, then A governs)*
345 Marine Product Liability
864 SSID Title XVI
350 Motor Vehicle
865 RSI (405(g))
355 Motor Vehicle Product Liability
Other Statutes
360 Other Personal Injury
891 Agricultural Acts
362 Medical Malpractice
893 Environmental Matters
365 Product Liability
890 Other Statutory Actions (If
367 Health Care/Pharmaceutical
Administrative Agency is
Personal Injury Product Liability
Involved)
368 Asbestos Product Liability
o E. General Civil (Other) OR o F. Pro Se General Civil

Real Property Bankruptcy Federal Tax Suits
210 Land Condemnation 422 Appeal 27 USC 158 870 Taxes (US plaintiff or 465 Other Immigration Actions
220 Foreclosure 423 Withdrawal 28 USC 157 defendant) 470 Racketeer Influenced
230 Rent, Lease & Ejectment 871 IRS-Third Party 26 USC & Corrupt Organization
240 Torts to Land Prisoner Petitions 7609
480 Consumer Credit
245 Tort Product Liability 535 Death Penalty
Forfeiture/Penalty 485 Telephone Consumer
290 All Other Real Property 540 Mandamus & Other
625 Drug Related Seizure of Protection Act (TCP$)
550 Civil Rights
Property 21 USC 881 490 Cable/Satellite TV
Personal Property 555 Prison Conditions
690 Other 850 Securities/Commodities/
370 Other Fraud 560 Civil Detainee – Conditions
Exchange
371 Truth in Lending of Confinement
Other Statutes 896 Arbitration
380 Other Personal Property
375 False Claims Act 899 Administrative Procedure
Damage Property Rights
376 Qui Tam (31 USC Act/Review or Appeal of
385 Property Damage 820 Copyrights
3729(a)) Agency Decision
Product Liability 830 Patent
400 State Reapportionment 950 Constitutionality of State
835 Patent – Abbreviated New
430 Banks & Banking Statutes
Drug Application
450 Commerce/ICC Rates/etc 890 Other Statutory Actions
840 Trademark
460 Deportation (if not administrative agency
880 Defend Trade Secrets Act of
462 Naturalization review or Privacy Act)
2016 (DTSA)
Application
o G. Habeas Corpus/ o H. Employment o I. FOIA/Privacy Act o J. Student Loan
2255 Discrimination
530 Habeas Corpus – General 442 Civil Rights – Employment 895 Freedom of Information Act 152 Recovery of Defaulted
510 Motion/Vacate Sentence (criteria: race, gender/sex, 890 Other Statutory Actions Student Loan
463 Habeas Corpus – Alien national origin, (if Privacy Act) (excluding veterans)
Detainee discrimination, disability, age,
religion, retaliation)
*(If pro se, select this deck)* *(If pro se, select this deck)*
o K. Labor/ERISA o L. Other Civil Rights o M. Contract o N. Three-Judge

(non-employment) (non-employment) Court
110 Insurance
710 Fair Labor Standards Act 441 Voting (if not Voting Rights 120 Marine 441 Civil Rights – Voting
720 Labor/Mgmt. Relations Act) 130 Miller Act (if Voting Rights Act)
740 Labor Railway Act 443 Housing/Accommodations 140 Negotiable Instrument
751 Family and Medical 440 Other Civil Rights 150 Recovery of Overpayment
Leave Act 445 Americans w/Disabilities – & Enforcement of
790 Other Labor Litigation Employment Judgment
791 Empl. Ret. Inc. Security Act 446 Americans w/Disabilities – 153 Recovery of Overpayment
Other of Veteran’s Benefits
448 Education 160 Stockholder’s Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise
V. ORIGIN
o 1 Original o 2 Removed o 3 Remanded o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to o 8 Multi-district
Proceeding from State from Appellate or Reopened from another Litigation District Judge Litigation –
Court Court district (specify) from Mag. Direct File
Judge
VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)
5 U.S.C. Sec. 552 (Freedom of Information Act) Defendant is unlawfully withholding public records.
VII. REQUESTED IN CHECK IF THIS IS A CLASS DEMAND $ Check YES only if demanded in complaint
COMPLAINT ACTION UNDER F.R.C.P. 23 JURY DEMAND: YES NO ✘
VIII. RELATED CASE(S)
IF ANY
(See instruction)
YES NO ✘ If yes, please complete related case form
6/12/2024
DATE: _________________________ SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44

Authority for Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the
Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.
III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.
IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.
VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.
VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk’s Office.
Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.
FOIA Summons
1/13
UNITED STATES DISTRICT COURT CLEAR FORM

ACCOUNTABILITY FBI, INC.

)
Plaintiff )
)
U.S. DEPARTMENT OF JUSTICE )
)
Defendant )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

U.S. ATTORNEY GENERAL
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
A lawsuit has been filed against you.
Within 30 days after service of this summons on you (not counting the day you received it) you must
serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of
Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and
address are:
Michael S. Zummer
If you fail to respond, judgment by default may be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.
ANGELA D. CAESAR, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
FOIA Summons (1/13) (Page 2)
Civil Action No. 24-1706
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset

FOIA Summons
1/13


)
Plaintiff )
)
)
Defendant )

U.S. DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
address are:
Michael S. Zummer
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

FOIA Summons
1/13


)
Plaintiff )
)
)
Defendant )

U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA
601 D Street NW
Washington, DC 20579
address are:
Michael S. Zummer
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

Evangelo Actipis FOIA Lawsuit - PL

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Case 1:24-cv-01706-TSC Document 1 Filed 06/12/24 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

(“FOIA”). As grounds therefor, Plaintiff alleges as follows:

JURISDICTION AND VENUE

2. Venue is proper in the District of Columbia pursuant to 28 U.S.C. § 1391(e) and

3. Plaintiff is a non-profit organization incorporated in Louisiana with a principal place

transparency of those institutions by providing legal services as follows: 1) representing FBI

whistleblowers in making protected disclosures of government wrongdoing under 5 U.S.C. § 2303

4. Defendant U.S. Department of Justice (“DOJ”) is a federal agency headquartered in

A. FOIA REQUEST FOR RECORDS ABOUT WADE ALEXANDER.

for the following records:

to 28 U.S.C. § 1746 and 28 CFR § 16.3(a)(4), which is attached.

that future correspondence would be sent through standard mail.

for further processing.”

B. FOIA REQUEST FOR RECORDS ABOUT EVANGELO ACTIPIS.

online portal for the following records:

receipt of the request which was assigned request number 1573861-000.

for further processing.”

C. FOIA REQUEST FOR LIST OF FBI INVESTIGATIVE CLASSIFICATIONS.

receipt of the request which was assigned request number 1581665-000.

16. The FBI is a component of DOJ.

Alexander to the FBI through its online portal.

request awaited assignment for further processing.

period. See 5 U.S.C. § 552(a)(6).

See 5 U.S.C. § 552(a)(3)(A).

24. The FBI is a component of DOJ.

Evangelo Actipis to the FBI through its online portal.

the request awaited assignment for further processing.

period. See 5 U.S.C. § 552(a)(6).

See 5 U.S.C. § 552(a)(3)(A).

32. The FBI is a component of DOJ.

investigative classifications to the FBI through its online portal.

the request “will be preprocessed in accordance to the prior releasable information.”

period. See 5 U.S.C. § 552(a)(6).

See 5 U.S.C. § 552(a)(3)(A).

WHEREFORE, Plaintiff respectfully requests relief as follows:

Plaintiff’s FOIA requests.

39. Costs and reasonable attorney fees.

June 12, 2024 /s/ Michael S. Zummer

o 1 U.S. Government o 3 Federal Question

o E. General Civil (Other) OR o F. Pro Se General Civil

o K. Labor/ERISA o L. Other Civil Rights o M. Contract o N. Three-Judge

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44

UNITED STATES DISTRICT COURT CLEAR FORM

ACCOUNTABILITY FBI, INC.

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

ANGELA D. CAESAR, CLERK OF COURT

FOIA Summons (1/13) (Page 2)

Civil Action No. 24-1706

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

Print Save As... Reset

UNITED STATES DISTRICT COURT CLEAR FORM

ACCOUNTABILITY FBI, INC.

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)