IN THE CIRCUIT COURT OF BROOKE COUNTY, WEST VIRGINIA Jay Lawrence Smith, an individual Plaintiff, Civil Action No JP “C- 37 Honorable Judge Rinna €, wilson Joseph E. Barki III in his capacity as the prosecuting attomey of Brooke County; and The Brooke County Prosecuting Attorney’s Office, a subdivision of the Brooke County Commission; and ‘The Brooke County Commission, a body politic, Defendants COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF ‘Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: NE€ co bz 109 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 in South Charleston, Kanawha County, West Virginia. 3. Defendant Joseph E, Barki II (“Barki”) is a resident of Wheeling, Ohio County, West Virginia,4, Following his admission to the West Virginia State Bar on Oct. 26, 2000, Barki maintained a private law practice, and served as both an assistant prosecuting attorney in Brooke and Ohio counties. 5. Barki was successfully elected as the Brooke County prosecuting attorney in November 2012. In November 2016, he was re-elected, and continues to service in that capacity. 6. Defendant Brooke County Prosecuting Attorney’s Office (“prosecutor’s office”) provides support, including personnel, to Barki in the discharge of his duties as prescribed by W. Va, Code § 7-4-1, et. seq. through tax revenue provided by the Brooke County Commission. It’s principal location is 727 Charles St., Wellsburg, West Virginia 26070. 7. Defendant Brooke County Commission (“Commission”) is the main governing body of Brooke County, a political subdivision of the State of West Virginia. It’s principal location is 632 Main St, Wellsburg, WV 26070. 8. Along with Barki, the Commission is the co-employer of personnel hired to work in the prosecutors office, and, as such, responsible for their acts and/or omissions. 9. Both Barki and the Commission share in custodial duties of records maintained by the prosecutor's office. 10. In addition to the laws of the state of West Virginia, Barki and attomey-members of the prosecutor's office are subject to the West Virginia Rules of Professional Conduct (“Rules”). 11. As the conduct complained of, and as more particularly set forth herein, occurred in Brooke County, this matter is properly venued with this Court,FACTUAL BACKGROUND 12, Smith restates the allegations contained in Paragraphs 1-11. 13, During the week of February 26 - March 3, Smith sent over a dozen prosecutors Freedom of Information Act (“FOLA”) requests seeking records in their possession documenting any Brady/Giglio law enforcement officers. 14, Specifically, he asked the prosecutors make available for public inspection “All documents, including those in electronic format, compiled and/or maintained by the ... County Prosecuting Attorney’s Office since Jan. 1, 2001 referencing the identification of any past and/or present law enforcement officer whose conduct could be reportable exculpatory evidence in a criminal action as mandated in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). 15. Smith requested the documents to use for an article he planned to publish as part of Sunshine Week' later that month. 16, In addition to Barki, Smith submitted a FOIA request for Brady/Giglio law enforcement officers to the prosecutors in Kanawha and Mercer counties. The respective requests are attached as Exhibits “A”, “B” and “C.” * Sunshine Week (hitp://www.sunshineweek org) is an initiative of the American Society of News Editors to educate the public about the importance of open-records laws . Since 2008, itis held the week that includes March 16, the birthday of James Madison, father of the U.S. Constitution, and the fourth president,