Q: A FOIA request for public documents was filled with fraudulent documents twice. Existing documents are being blocked.
I am being blocked from obtaining public documents that would support my claim against the city. Twice I have been presented with fraudulent documents. Am now being blocked from obtaining the existing documents that I requested through the FOIA. How can I force the agency to provide the documents that I requested?
A:
If you have made a FOIA request for public documents and you believe that the agency has not provided you with the documents you requested, or has provided you with fraudulent documents, there are several steps you can take to try to force the agency to provide you with the documents you are entitled to:
Contact the agency: The first step is to contact the agency and explain your concerns. Ask them to provide you with the requested documents or explain why they are withholding them. Be specific about the documents you requested and the fraudulent documents that were provided to you.
File an administrative appeal: If you are not satisfied with the agency's response, you may be able to file an administrative appeal with the agency. The appeal should include a detailed explanation of the documents you requested and why you believe you are entitled to them. The agency should respond to your appeal within a specified timeframe.
Seek assistance from a FOIA ombudsman: If you are still having difficulty obtaining the requested documents, you can seek assistance from a FOIA ombudsman. The ombudsman can help you navigate the FOIA process and may be able to mediate a resolution between you and the agency.
File a lawsuit: If all else fails, you may need to file a lawsuit against the agency to force them to provide the requested documents. This is a serious step and should only be taken after exhausting all other options.
It's important to note that FOIA requests and appeals can be complex, and it may be helpful to consult with an attorney who has experience in FOIA matters to assist you with the process.
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