IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION ANDREW SCOTT FULKERSON, ) Plaintiff; ) ) Case No. 3:17-CV-560-J-34JRK, v. ) ) GAIL S. RUSSELL, ef al. ; ) Defendants. ) ) } CERTIFICATION OF PUBLIC INTEREST OF DISCLOSURE PURSUANT TO FOIPA COMES NOW, Andrew Scott Fulkerson, Plaintiff Pro Se, and hereby cerifies that his FOPIA request, Request number 13-86689-00, (hereinafter "request"), in which Defendant GAIL S. RUSSELL (hereinafter "Defendant Russell") was named as the subject thereto; is in the public interest which outweighs any privacy concen waich Defendant Gail S. Russell may allege. In support hereof, the Plaintiff states the following: 1. The request concerns information which the Plaintiff intends to use to either support. an allegation in the first amended complaint, or else to impeach Defendant Russell's Credibility under Rules of Evidence, Rule 609, depending upon the nature of the information) which is filed with the court in the above-captioned cause and action, 2. Accordingly, the Plaintiff may ultimately file a motion to compel defendant Russell to complete and sign the certification of identity form, pursuant to Federal Rules of Civil Procedure (hereinafter "Fed. R. Civ. P.") , Rule 37(3), should Defendant Russell refuse to complete and sign the form under a request for documents issued tothe Defendants in the above-captioned cause and action. Fed. R. Civ. P. does not contain a "privacy exception". Therefore, any claim to "privacy" that Defendant Russell might make with respect to this matter woud be frivolous, and without legal merit. Alternatively, the Plaintiff may serve the Federal Bereau of Investigation (hereinafter "PBI") with a Subpoena Duces Tecum, requiring the production of the information requested in the request, under Fed. R. Civ. P. Rule 45. . Due to the fact that request of the information concerns training records of the FBI, there arizes the issue of whether or not, the FBI may be joined as defendant for causes of action arizing from the potential allegation of the basic nature of a "failure to properly train" Defendant Russell, thereby placing the Plaintiff, and the public, at risk of harm the plaintiff otherwise alleges in the first amended complaint. ‘Therefore, the production of the request to the Plaintiff serves the public interest by avoiding uncessary, and potentially complex and lengthy, federal litigation to which the FBI may be named party, necessary to successfully issue a Subpoena Duces Tecum, . The Plaintiff further states, that as the nafure of the request involves public records of credential and training with a public ageney, and the subject thereof was a law enforcement officer whom had been hired as a proximate result of the information asto the nature of the request. Therefore, Defendant Russell has no reasonable expectation of Privacy with respect to the information, under the prevailing law. 7. Transparency upon the record of a civil trial of a govemment actor (a law ‘enforcement officer) is a comepelling public interest, in ensuring the integrity of the ‘government, and ensuring that Plaintiff's recieve fair discovery and fair trial, without prejudice when trying 28 U.S.C. 1983 and/or Bivens actions. WHEREFORE, the Plaintiff asserts that production under FOIPA request No. 1386689-000 serves the public interest, and does not present a congznizable claim of privacy of the subject thereof, under prevailing law. RESPECTFULLY SUBMITTED, THIS 20 DAY OF October 20 17 . ANDREW Cott FULKERSON PLAINTIFF PRO SE 1912 W. 40" ST. TULSA, OK 74107 (918) 340 - 9576 bakertaylor28@airmail.ceAFFIRMATION 1, The undersigned, hereby affirm, pursuant to penalties for perjury, under the laws of the United States of America, that the forgoing representations contained in the Plaintiff's CERTIFICATION OF PUBLIC INTEREST OF DISCLOSURE PURSUANT TO FOIPA are true and correct based upon my own knowledge and belief. I further state that this document need not be notarized, pursuant to provision of pubic law, codified at Title 28, United States Code, Section 1746. SO AFFIRMED, THIS 20 DAY OF October ,20 17. kel Ld —_ PLAINTIFF PRO SE 1912 W. 40* ST. TULSA, OK 74107 (918) 340 9576 bakertaylor28@airmail.ceERTIFICATE OF 1, the undersigned, do hereby ceritfy that I have served a true copy of the forgoing CERTIFICATION OF PUBLIC INTEREST OF DISCLOSURE PURSUANT TO FOIPA upon all interested parties. I state that all parties were served by placing said copy in the first-class U.S. Mails, Sufficient Postage Affixed at the addresses below. I further state that counsel for the Defendants were also served by email, at gwn@jollylaw.com . Service was Made by mail on October 21, 2017, and by email on October 20, 2017. Glenn W. Rininger, Counsel For Defendants At Postal Address of Record with the court, Federal Beureu of Investigation 170 Marcel Drive Winchester, VA 22602-4843 United States Attorney's Office For the Middle District of Florida, United States Courthouse 300 N. Hogan St. Jacksonville, FL 32202. SO CERTIFIED, THIS 20 DAY OF October ,20 17 . ANDREW SCOTT FULKERSON PLAINTIFF PRO SE 1912 W. 40" ST. TULSA, OK 74107 (918) 340 - 9576 bakertaylor28@airmail.ce