ait ROY 19 PH ' i INTHE CIRCUIT COURT OF GILMER COUNTY, West vinginia” / 251 fa, C C Jay Lawrence Smith, an individual v O Plaintiff, @& Civil Action No. /f (2 2 Honorable [c2¢ 61 _ Judge Gerald Brian Hough, in his capacity as the prosecuting attorney of Gilmer County ‘The Gilmer County Prosecuting Attorney's Office. a division of the Gilmer County Commission; and The Gilmer County Commission, a body politic Defendants: COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: PARTIES 1, Jay Lawrence Smith (“Smith”) is a resident of Hurricane, Putnam County, West Virginia 2. Smith is a free-lance legal researcher, and journalist whose principal place of business is South Charleston, Kanawha County, West Virginia 3. Defendant Gerald Brian Hough (“Hough”) is a resident of Glenville, Gilmer County. West Virginia4. Following his admission to the West Virginia State Bar on Oct. 13, 1998, Hough QW. Va. Bar ID No. 7724), engaged in a priva te law practice before successfully running for Prosecuting attomey in 2000 5. Since Jan. 1, 2001, Hough has continuously served as the prosecuting attorney for Gilmer County 6. Defendant Gilmer County Prosecuting Attorney's Office (“prosecutor's office”) provides support, including personnel, to Hough in the discharge of his duties as prescribed by W. Va. Code § 7-4-1, et. seq, through tax revenue provided by the Gilmer County Commission. Its principal location is 7 N. Court St., Glenville, West Virginia 26351 7. Defendant Gilmer County Commission (“Commission”) is the main governing body of Gilmer County, a political subdivision of the State of West Virginia. Its principal location is 10 Howard St., Glenville, WV 26531. 8, Along with Hough, the Commission is the co-employer of personnel hired to work in the prosecutor's office, and, as such, responsible for their acts and/or omissions. 9. In addition to the laws of the state of West Virginia, Hough and attorney-members of the prosecutor's office are subject to the West Virginia Rules of Professional Conduct Rules"), 10, As the conduct complained of, and as more particularly set forth herein, occurred in Gilmer County, this matter is properly venued with this CourtJAL BACKGROUND 1d in Paragraphs 1-10 12, On or about Monday, February 24, 2014, Smith sent Hough a Freedom of Information Act HOLA") request (FOIA request P) 13, In his request, Smith asked Hough make available for inspection the “cheek registry of the Gilmer County Prosecutor's Office” from Jan, 1, 2001 through Dec, 31, 2013." 14, A-copy of FOIA request is attached ay Exhibit *A", 15, Pursuant to the state Freedom of Information Act - W, Va, Code § 29B-I-1, et. seq a records custodian is required fo respond to a request within five business days, 16, On or about February 28, 2014, Hough responded to FOIA request 1 17, Inthe letter, written on the prosecutor's office letterhead, Hough denied Smith's, emphasis added} request saying, “I our office [emphasis added] possessed such an it would provide it promptly. However, we have no such record, Accordingly, we will not be forwarding the requested information to you." 18, Hough's Feb, 28, 2014 response to FOIA request I is attached as Exhibit “B™, ‘On or about Friday, February 27, 2015, Smith called Hough at the prosecutor's office to make another request for information, When nobody answered the phone, he left a voice-message (“FOIA request II"),