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September 2, 2010 |
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| January 08, 2008 |
By: Julie Kay |
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he children of the late U.S. Magistrate Judge Ted Klein have filed a complaint in Miami federal court accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.
The complaint asks U.S. District Judge Alan Gold to declare the federal landlord in violation of FOIA and order the agency to provide requested records to the plaintiffs.
The complaint was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of Andrew and Jennifer Klein.
Klein, a popular magistrate who worked in the Dyer building, died suddenly of a mysterious pulmonary illness in 2006. Klein's children hired Goldfarb after reading an article in the Daily Business Review about a report citing large amounts of mold and unsafe conditions in parts of the old post office building.
The article also cited a memo sent by Chief U.S. District Judge Federico Moreno advising all employees in the building to take the report to their doctors and mandates protective clothing for anyone entering the building's basement, where the most mold was found. Klein’s courtroom and chambers were on the second floor.
Several employees in the building housing magistrates, federal marshals, probation officers and other court support staff have reported double pneumonia, nosebleeds and other illnesses. At least two have received permission to work at home.
Goldfarb, who was retained by Klein's children several months ago, filed the complaint after receiving "deficient" responses from GSA to several FOIA requests for information related to mold conditions in the building.
His first request was filed Oct. 26, 2007. GSA provided some limited documents Dec. 27, according to the complaint.
Of the 42 items requested by Goldfarb, GSA supplied parts of 13. For the remaining items, GSA stated it "did not find records pertaining to your request."
"Plaintiffs have information and belief that there are multiple studies, tests, complaints, electronic mail correspondence, letters, memoranda and other documentary evidence regarding mold infestation and/or mold inspection in the federal courthouse," the complaint said. “However, none of these documents were included in the response from GSA. By its actions, GSA has made a constructive denial of plaintiff's request by failing to do a full search, by failing to provide requested records and by withholding documents."
Gary M. Mote, a public affairs officer with the GSA, declined comment on the litigation.
Julie Kay reports for the National Law Journal, an ALM Media affiliate of the Daily Business Review.
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