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Case 1:13-cv-00825 Document 1 Filed 06/03/13 Page 1 of 65

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Gilberte Jill Kelley,
and
Scott Kelley, M.D.
1005 Bayshore Blvd.
Tampa, Florida 33606









Civil Action No: _______



Plaintiffs,





The Federal Bureau of Investigation,
and Robert S. Mueller, III, in his official

v.

capacity as the Director of the Federal
Bureau of Investigation,
935 Pennsylvania Avenue, N.W.
Washington, D.C., 20535-0001,

United States Department of Defense
1400 Defense Pentagon
Washington, D.C., 20301,

The United States of America
950 Pennsylvania Ave., NW
Washington DC, 20530,

FBI John and Jane Does 1 through 10

individually,


DOD John and Jane Does 1 through 10

individually, and


USG John and Jane Does 1 through 10

individually,





Defendants.

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VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

1.

Plaintiffs Mrs. Gilberte Jill Kelley and Scott Kelley, M.D., bring this action to

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vindicate their legal rights to privacy and dignity that were infringed by the government’s

improper disclosures of their personal, private, and confidential information. While the facts

ultimately leading to the resignation of Central Intelligence Agency (“CIA”) Director David

Petraeus (“Director Petraeus”) and abrupt retirement of General John Allen are by now very well

known, there was no legally acceptable reason for the government to disclose confidential

information about the Kelleys and thereby make them part of the public scandal.

2.

Therefore, Mrs. Kelley and Dr. Kelley make this complaint against the Federal

Bureau of Investigation, and Robert S. Mueller, III, in his official capacity as the Director of the

Federal Bureau of Investigation, the U.S. Department of Defense, the United States of America,

FBI John and Jane Does 1 through 10, DOD John and Jane Does 1 through 10, and USG John

and Jane Does 1 through 10 (“John and Jane Doe Defendants”) for money damages and

injunctive relief for violations of Plaintiffs’ Fourth and Fifth Amendment rights, for money

damages for violations of Plaintiffs’ privacy rights under the Privacy Act, 5 U.S.C. § 552a, and

for declaratory relief under the Stored Communications Act, 18 U.S.C. § 2707(g).

3.

In the event the Defendants attempt to prove (and the Court were to agree) that

the damaging leaks, cavalier sexual innuendo, old-fashioned “blame the victim” discrimination,

and other privacy violations and slander of the Kelleys by government officials were not

authorized conduct within the scope of those officials’ employment, Plaintiffs also make this

complaint for violation of common law privacy rights and defamation by the John and Jane Doe
Defendants.

NATURE OF THE ACTION

4.

This Complaint seeks to hold the Government and its agents accountable for their

willful, malicious, and unlawful violation of Plaintiff’s constitutional and statutory privacy



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rights. Dr. Scott and Mrs. Jill Kelley (“the Kelleys”) are private citizens who sought the

assistance of federal law enforcement by reporting evidence of possible criminal activity,

including cyberstalking, involving threats to themselves and leaders in the US military and

government, and foreign ambassadors. The Kelleys were the victims of this criminal activity,

and they sought to do the right thing by reporting the facts to agents of the Federal Bureau of

Investigation (“FBI”). The federal government did not, however, do the right thing. Rather than

protect the Kelleys’ privacy interests as the law and their duty required, Defendants instead

willfully and maliciously thrust the Kelleys into the maw of public scrutiny concerning one of

the most widely reported sex scandals to rock the United States government. Defendants

violated their legal duty to protect the Kelleys’ privacy, dignity, reputation, and security, and

instead started, engaged with, and fomented a malicious campaign of “blame the victim” that has

taken a tremendous emotional and financial toll on the Kelleys and their three young daughters,

and even threatened their physical safety.

5.

The injuries suffered by Plaintiffs are the direct product of Defendants’

overreaching, including wrongful, unauthorized and overbroad search, collection, misuse, and

dissemination of electronic data and other information with little to no regard for the standards

required by law or common decency.

6.

In direct consequence of Defendants’ misconduct, Jill Kelley was held out as an

object of ridicule, moral opprobrium, scorn, and derision, causing her shame, public notoriety,

egregious loss of privacy and security, and costing Mrs. Kelley positions of trust, responsibility,

and diplomatic status, and costing the Kelleys public respect, lost income, and significant lost

financial, business, and investment opportunities. The Defendants unforgivably transformed

Mrs. Kelley’s reputation from that of a respected business and community leader and energetic



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entrepreneur who volunteered to support our troops into a woman of dubious virtue and integrity

– even though she is happily married, never engaged in an extramarital affair with anyone, and

the emails that were so widely publicized by the Defendants came from an email account that she

shared with her husband.

7.

In further direct consequence of Defendants’ misconduct, Dr. Scott Kelley also

suffered economic and other damages, which Plaintiffs are prepared to prove with detailed

support to be offered after entry of a protective order.

8.

Defendants’ investigatory and compulsory powers give them unparalleled access

into the private lives of citizens. The privacy rights Plaintiffs seek to vindicate in this suit are

intended to check the potential for abuse inherent in these expansive and intrusive powers. That

potential for abuse is patent in the events underlying this suit. If Defendants can wreak such

emotional, reputational, and financial havoc on a couple as educated, intelligent, successful, and

public-spirited as the Kelleys, they could certainly do so to anyone. Accordingly, this suit seeks

not only to vindicate Plaintiffs’ legal rights, help restore their reputations, champion the truth,

and otherwise attempt to make them whole, but also to deter Defendants from such egregious

violations of privacy in the future.

9.

The Privacy Act expressly requires the federal government to protect individuals

against disclosures “which could result in substantial harm, embarrassment, inconvenience, or

unfairness” to them. The law is clear that victims and witnesses in government investigations are

entitled to their privacy and to be protected from embarrassment willfully, directly, and

proximately caused by the government. Citizens like Mrs. Kelley and her husband do not

deserve to be treated cavalierly or contemptuously simply because the government officials and

agents involved did not take their dignity seriously. Such callous disregard of personal privacy



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and human dignity will sow increased mistrust of government, and impede the missions of our

law enforcement, military, and national security agencies. It must not be condoned. The law of

the United States simply does not permit the government and its agents to act in the manner in

which they did.

JURISDICTION

10.

This Court has both subject matter jurisdiction over this action and personal

jurisdiction over the parties pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a(g), the Stored

Communications Act, 18 U.S.C. § 2707, the Fourth Amendment of the United States

Constitution, the Fifth Amendment of the United States Constitution, and pursuant to 28 U.S.C.

§§ 1331, 1343, 1346, 1361, and 1367.

VENUE

11.

Venue is proper in this District pursuant to the Privacy Act, 5 U.S.C. §

552a(g)(5), and pursuant to the United States Code of Judicial Procedure, 28 U.S.C. § 1391.

PARTIES

12.

Plaintiff Mrs. Gilberte Jill Kelley (“Jill Kelley” or “Mrs. Kelley”) obtained an

undergraduate degree from an institution now known as Arcadia University, where she was a

pre-med student. While subsequently attending courses at Hahnemann University’s medical

program, she was a medical researcher for the Department of Anesthesia at the University of

Pennsylvania in Philadelphia. She conducted and published research in critical care and pain

medicine. She and Dr. Scott Kelley met at the University of Pennsylvania, they married, and

Mrs. Kelley interrupted her medical program to relocate to Tampa with him when he received his

fellowship at Moffitt Cancer Center. In 2002, the Kelleys were blessed with the birth of their

first daughter, and Mrs. Kelley and her husband are now proud parents to three young children.



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13.

In addition to raising their children, prior to the Defendants’ egregious actions,

Mrs. Kelley had been a successful real estate investor, community leader, liaison to the military

community in Tampa, and appointed consular official accredited by the U.S. Department of

State. Mrs. Kelley has also continued her interests in medical research, has been working on a

book regarding the diagnosis of and treatment for cancer, and drew on her background in

medical studies to design an innovative medical device for which she filed a patent application

regarding “methods and apparatus for surgical anastomosis” as the sole inventor/applicant. Mrs.

Kelley has also continued to develop further patent ideas. Additionally, Mrs. Kelley has devoted

considerable time to community service, both to the local homeless as well as to the large

community of servicemen and women in the Tampa area. Reflecting her contributions to the

morale and well being of the military base in Tampa, she was named as the first “honorary

ambassador” for the U.S. Central Command (“CENTCOM”) Coalition in April 2012 while under

the command of CENTCOM Commander General Mattis. In August 2012, in further reflection

of her abilities and reputation, the Government of the Republic of Korea appointed Mrs. Kelley

as Honorary Consul under the Vienna Convention on Consular Affairs of 1963, Art. 10.

14.

Plaintiff Scott Kelley, M.D., is a general surgeon and surgical oncologist with an

undergraduate degree from Dartmouth University and a medical degree from Columbia

University. He completed his residency at the University of Pennsylvania and his surgical

oncology fellowship at Moffitt Cancer Center in Florida. There, Dr. Kelley became the head of

the esophageal gastric section. After approximately five years, he left academics to enter private

practice. Dr. Kelley was a pioneer of laparoscopic surgery for esophageal cancer. This

procedure is significantly less invasive than traditional surgery, thereby reducing risk of patient

morbidity.



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15.

Defendant Federal Bureau of Investigation (“FBI”) is a component of the United

States Department of Justice, a Department of the Executive Branch of the United States

Government. Robert S. Mueller, III, is the Director of the FBI. The FBI’s principal place of

business is in the District of Columbia.

16.

Defendant United States Department of Defense (“DOD”) is a Department of the

Executive Branch of the United States Government. The DOD’s principal place of business is in

Virginia.

17.

Defendant United States of America is named in that the actions of the FBI and

DOD complained of herein are the responsibility of the United States Government (“USG”), and

such actions may have, upon information and belief, involved other Departments, Agencies,

and/or Executive Offices.

18.

FBI Defendants John and Jane Does 1 through 10, DOD Defendants John and

Jane Does 1 through 10, and other USG Defendants John and Jane Does 1 through 10

(collectively, the “John and Jane Doe Defendants”) are individuals who acted jointly and in

concert to conspire to and did commit, aid, and abet the acts complained of herein. The John and

Jane Doe Defendants’ true names and capacities are presently unknown to Plaintiffs, but whose

identities should become known during the course of discovery. Each of the “Doe” Defendants

is an agent or employee of the United States who, at least in part, exercises government

authority, and is responsible in some manner for the acts and occurrences alleged in this

complaint, and each of the “Doe” Defendants directly and proximately caused the damages

alleged herein.



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FACTS

19.

Until November 2012, the Kelleys were active, dedicated, and productive

members of the Tampa community that is home to MacDill Air Force Base and the United States

Central Command, which has led U.S. combat operations in Iraq and Afghanistan.

20.

Scott and Jill Kelley live less than 10 miles from MacDill Air Force Base in

Tampa. They have great respect for our country’s military, and volunteered many years in

community outreach and support for their local military community. One of the Kelleys’

particularly successful community service initiatives involved the founding of the Coalition and

Multi-National Forces Appreciation Reception in 2009, which included Senior National

Representatives to CENTCOM from over 60 countries. As the founder of the annual event, Mrs.

Kelley hosted the attending foreign representatives and sought to promote goodwill, trust,

camaraderie, and appreciation.

21.

In 2011, the Director of the Coalition and Multi-National Forces recognized Mrs.

Kelley for her dedication and community-building efforts. Mrs. Kelley also acted as a goodwill

ambassador to the Commanders at CENTCOM. This role came with no official duties or

compensation, but, rather, recognized her continuing and dedicated commitment to contributing

positively to the military community, including promoting the importance of cross-cultural and

interfaith dialogue, and building relations with foreign ambassadors.

22.

Through all of their activities at MacDill, CENTCOM, Special Operations

Command (“SOCOM”), and on behalf of the Coalition and Multi-National Forces, Mrs. Kelley

and Dr. Kelley became acquainted with a number of military officials and their families,

including Director David H. Petraeus, US Marine Corps General John R. Allen, Jr., US Marine

Corps General James N. Mattis, United States Navy Admiral William H. McCraven, and US



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Navy Vice Admiral Robert S. Harward, Jr. The Kelleys, individually and as a couple, interacted

with these individuals and their spouses and families on a regular basis, and they all attended

many of the same social and dignitary functions. Mrs. Kelley often corresponded with each

these individuals and their spouses, sharing social news and personal reflections. She also

corresponded with them about more substantive matters that would specifically relate to her

community outreach and diplomatic efforts. As a result of these efforts, Mrs. Kelley was

appointed Honorary Ambassador for the US CENTCOM Coalition.

23.

The Kelleys were also active real estate developers and investors in the area,

eventually acquiring an office building in Tampa.

24.

Because of her established leadership and civic commitment, Mrs. Kelley was

invited to attend the FBI’s Citizens Academy, an honorary program for community leaders to

learn about the practical, structural, operational and ethical aspects of the FBI. She completed

that program in November 2011.

25.

On or about January 2012, South Korean official Han Duk-soo, who is currently

head of the Korean International Trade Association (“KITA”) and was the South Korean

Ambassador to the United States through approximately February 2012, requested that Mrs.

Kelley be considered for a position as Honorary Consul, a position recognized and governed by

the Vienna Convention on Consular Relations. In recommending Mrs. Kelley, he cited her

active role in organizing events that helped bring about the free trade agreement between South

Korea and the United States, including arranging meetings between the Ambassador and key

individuals in the Tampa area. In August 2012, South Korea officially appointed Mrs. Kelley an



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Honorary Consul accredited to the U.S. Department of State.1 Mrs. Kelley’s goals as Honorary

Consul were to build and strengthen US-Korea relations, in addition to helping Ambassador Han

with interests related to the Korea-US Free Trade Agreement. Her appointment to Honorary

Consul carried a tax-free stipend and would be renewable after a five year term. She was free to

carry on other business while serving as Honorary Consul for the Republic of Korea, and

Honorary Consuls typically engage in business deals and transactions arising out of their

knowledge and contacts. Mrs. Kelley was presented with opportunities to engage in such

business and intended to do so during her service as Honorary Consul to the extent that such

business would not conflict or interfere with her consular responsibilities.

Receipt and Report of Threatening and Harassing Emails and Stalking

26.

On May 11, 2012, United States Marine Corps General John R. Allen emailed

Mrs. Kelley alerting her that he had received a strange message. The email, sent to General


1 In contrast to statements made by some of the Defendants, the position of Honorary Consul is

not a trifle. This position is a compensated position of trust and responsibility, and it entails

certain obligations of the U.S. Department of State to protect the dignity of her office.

Significantly, the position is “Honorary” in the sense that the individual encumbering the office

serves by special designation of the sending country and is typically a citizen of the receiving

country rather than a career member of the sending country’s Foreign Service. The State

Department’s guidance document on “Diplomatic and Consular Immunity” explains that

“Honorary consuls are American citizens or permanent resident aliens who perform consular

services on a part-time basis. Honorary consuls, unlike career consuls, are permitted to carry on

another business.”





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Allen from the address [email protected], disparaged Mrs. Kelley and made reference to

an upcoming dinner they were having with several senior foreign intelligence, defense, and

diplomatic officials. General Allen was troubled by the email, in particular that somebody knew

about the dinner, which had not been publicly announced, thereby presenting a potential security

concern.

27.

The troubling email also frightened the Kelleys, as it indicated that Mrs. Kelley

was being followed or stalked, and raised serious concerns about her own safety and wellbeing,

particularly given the number of terrorist risks faced by CENTCOM leaders.

28.

Because of the alarming nature of the email and the specific, non-public

knowledge it contained regarding General Allen, and after a number of senior commanders urged

Mrs. Kelley to immediately report it to law enforcement, Mrs. Kelley contacted the MacDill Air

Force Base FBI Counterintelligence Agent Fred Humphries. Agent Humphries, a highly

decorated veteran, asked Mrs. Kelley to think about who might be targeting her in such emails.

Mrs. Kelley could not think of anyone who would have such animosity toward her, let alone

someone who would be willing to threaten high government and military officials. Agent

Humphries advised her to remain vigilant.

29.

On June 3, 2012, Dr. Scott Kelley received an anonymous email disparaging Mrs.

Kelley and containing threats. The message also included a reference to Mrs. Kelley’s recent

trip to Washington, DC, and referenced “senior military and public officials and foreign

Ambassadors” with whom she had dined in the past. The email concluded with threats about

“avert[ing]” “embarrassment for all, including spouses, such as info in national headlines,”

referring to CENTCOM and SOCOM officials and other senior government leaders mentioned

elsewhere in the email. The sender used the pseudonym and email handle “Tampa Angel.”



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30.

Dr. Kelley immediately informed Mrs. Kelley about the email. Both Kelleys

were extremely frightened by the email, which showed the sender had been tracking Mrs. Kelley

and senior US and foreign officials, and in which the sender claimed to have taken pictures of

Mrs. Kelley. The email was all the more alarming when read in conjunction with the

“kelleypatrol” email previously sent to General Allen.

31.

On June 5, 2012, the Dr. Kelley received another anonymous email message from

“Tampa Angel.” This message made similar baseless allegations about Mrs. Kelley’s behavior.

Dr. Kelley knew these allegations and insinuations in the Tampa Angel email to be entirely false.

Mrs. Kelley was not involved in any extramarital affair, and had no sexual relationship with any

government or military official or anyone else.

32.

At that time, the Kelleys were made aware that anonymous emails were being

sent to Director Petraeus, in addition to General Allen. These emails also made apparent that the

sender had tracked Mrs. Kelley’s physical whereabouts. The Kelleys were not only concerned

for the security of their own and their daughters’ welfare, but were also alarmed about the

continuing threat to the senior military and public officials and foreign ambassadors whose

movements were also clearly being tracked by someone with a hostile fixation.

The Kelleys’ Report of Threats and Harassment to the FBI

33.

In light of these anonymous, threatening emails targeting and tracking Mrs.

Kelley, Mrs. Kelley contacted Agent Humphries again on June 3, 2012. Mrs. Kelley was

particularly concerned given the potential that the military leaders of CENTCOM and SOCOM,

foreign ambassadors, and the Director of the CIA may have been under terrorist surveillance

even while in the United States. At this point, Agent Humphries asked Mrs. Kelley to come in to

the Tampa FBI field office to provide additional information. Although Agent Humphries was



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not so close to the Kelleys as to create a conflict, he still felt it was more appropriate for someone

with no social relationship with the Kelleys to take a formal report. Therefore, on or about June

7, 2012, Agent Humphries introduced Mrs. Kelley to another agent, Agent Adam Malone, by

email, and she reported the harassing email the Kelleys had received.

34. Mrs. Kelley understood that the FBI had a legal duty to maintain the privacy and

confidentiality of non-public investigative material, including the name and identity of a victim

and witness, like herself, who reported a possible crime. Agent Malone specifically promised

Mrs. Kelley in their meetings throughout June 2012 that the FBI would respect the privacy and

confidentiality of her name, and specifically stated that her name would not be disclosed.

35.

On or about the third week of June, 2012, Mrs. Kelley went to the Tampa FBI

field office. There, she met Agent Adam Malone in person, who was identified to her as the lead

investigator concerning the cyberstalking matter. Agent Malone attempted to determine the

identity of the anonymous sender, but was unable to do so. He thus determined that he needed to

access the email in order to get more information.

36.

Because Agent Humphries was acquainted with Mrs. Kelley, he joined Agent

Malone on a conference call to her around the third week of June, 2012, to ask whether Mrs.

Kelley could provide the login and password to Dr. Kelley’s email account for the specific and

limited purpose of obtaining the anonymous sender’s IP address. Agents Humphries and Agent

Malone explained that they would need to have access to the original “Tampa Angel” email in its

“native” format to be able to discern the sender’s IP address information. They explained that

they would do this by opening the original email Dr. Kelley received from Tampa Angel and

clicking on the sender’s information in the header of the email only; they assured Mrs. Kelley

that they would not need to access the content of the email for any reason. Mrs. Kelley declined



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to provide unlimited access to the email account, but she did agree to provide the agents with the

login and password information for the account for the specific and limited purpose of accessing

the sender’s IP information as it appeared in the first “Tampa Angel” email only.

37.

During a follow-up conversation, Agents Malone and Humphries specifically

asked Mrs. Kelley if they could have authorization to access other emails in the account. She

specifically denied their request. They also asked whether they could have authorization to

access Mrs. Kelley’s email accounts. As such unlimited access was irrelevant to her report of the

cyber stalker threats and harassment, Mrs. Kelley again denied such overbroad and unnecessary

authorization. Neither Mrs. Kelley nor Dr. Kelley authorized any access to their email accounts

beyond the explicit and limited access to the first “Tampa Angel” email that arrived on June 3,

2012.

38. Mrs. Kelley was troubled by the FBI’s request to access additional emails and

email accounts, and she specifically contacted Agent Malone again to reiterate that she gave

permission to access only the sender’s IP address from the original email, and that she had no

intention of authorizing the FBI or anyone else to have unrestricted access to her and her

husband’s private emails. Agent Malone committed to Mrs. Kelley that he would only need to

access the header information of the email in question, and would not look at the contents of

other emails or other email accounts, to determine the sender's IP address.

39.

Throughout the month, specifically on June 7, 11, 18, and 22, 2012, the Kelleys

received additional threatening emails from “Tampa Angel,” almost all of which spoke to either

Mrs. Kelley’s recent whereabouts or, sometimes in precise detail, her upcoming, personal dinner

plans with high-level US leaders.



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40.

In one of these emails, the sender specifically named yet another senior military

commander and made clear from the content that the sender had tracked both Mrs. Kelley and

the named high-level commander, whose name was never disclosed to the media. The

increasingly distressed Kelleys contacted Agents Humphries and Malone about each of them.

41.

Over the next several months, Mrs. Kelley continued to contact both agents to see

if they had made any progress in the investigation, but until August 2012 received no specific

information about developments in the case except that sometime around the second week of

June, Agent Malone gave Mrs. Kelley the distressing news that the sender was highly

sophisticated and “fingerprint-less,” making her fear even more for her own safety.

42.

Sometime in August, after Mrs. Kelley contacted him, Agent Malone told Mrs.

Kelley that the FBI thought it had identified the sender of the emails, but refused to give Mrs.

Kelley any additional information. Mrs. Kelley repeatedly inquired about obtaining security or

protection, and Agent Malone replied that he would get back to her about it. He never did.

During that same conversation, Mrs. Kelley reiterated that she wanted very much to maintain her

privacy in this matter, and Agent Malone told Mrs. Kelley that he would not access her emails.

43.

Upon information and belief, the FBI had been able to trace the IP address of the

anonymous sender and, after additional investigation and surveillance, and perhaps as early as

June 25, 2012, had determined that Mrs. Broadwell had stalked a senior military official and the

Kelleys, and sent the Kelleys, Director Petraeus, and General Allen the threatening and

defamatory emails about Mrs. Kelley.

44.

Unbeknownst to the Kelleys and upon information and belief based on the public

statements of Director Petraeus, Director Petraeus was engaged in an extramarital affair with

Paula Broadwell, his biographer.



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45.

To their recollection, neither of the Kelleys have ever met with or spoken to Ms.

Broadwell.


46.

FBI Investigation of the Kelleys, Including Overbroad and Irrelevant

Search and Seizure of the Kelleys’ Personal Emails

Upon information and belief, the federal agents collected more than the one

“Tampa Angel” email to which the Kelleys allowed them access.

47.

The Kelleys have not received any notice, delayed or contemporaneous, of any

subpoena, order, writ or other process by which the United States would have lawful access to

their electronic communications, such as is provided for at 18 U.S.C. § 2705.

48.

At no point did any government agents notify the Kelleys that they required

additional access to emails in order to properly investigate the potential criminal behavior Mrs.

Kelley had reported on or about June 5, 2012, and of which she and her husband were victims.

At no point did any government agents notify the Kelleys that they were the subjects or targets of

an investigation. And there was no basis in law or fact for either of the Kelleys to be

investigated as the subjects or targets of the FBI’s criminal probe.

49.

Upon information and belief, the FBI Washington Cyber Division and FBI

Deputy Director Sean Joyce directed agents in the Tampa Field Office Cyber Squad to treat the

Kelleys’ case differently than normal criminal investigations by, for example, not providing her

with the security protections to which a victim is entitled, because they wanted to avoid attention

before the upcoming presidential election cycle. The Cyber Division and Deputy Director Joyce

preempted decisions made by the field office’s Cyber Supervisor and directed the course of the

investigation, including by directing the investigating agents not to proceed with a scheduled

effort to interview the woman behind the threatening emails sent to the Kelleys once they had

determined the identity of the stalker.



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50.

In addition, the Kelleys’ case was also treated differently, as confirmed by Agent

Humphries, because they were not assigned a victims’ assistance coordinator, nor were they

provided with status updates regarding their case. In fact, Agent Humphries confirmed to the

Kelleys that in July 2012, he was instructed by his superiors not to give Mrs. Kelley any

substantive information about the case, and his Assistant Special Agent in Charge (“ASAC”),

Kevin Eaton, directed him to cut off all communication with Mrs. Kelley.

51.

The Kelleys understood, as confirmed to them by Agent Humphries, that FBI

agents have a legal duty to protect the privacy and confidentiality of witness information, and

other non-public material collected in a investigation, and that such confidential information

should never be communicated to the media. Such information includes the name and identity of

a victim and witness, like Jill Kelley, that comes forward to report a potential crime or threat.

The Kelleys also understood, as confirmed to them by Agent Humphries, that all FBI

investigators must forward the names of victims to the FBI's Victim Witness Coordinator, and

that confidentiality and witness protection are paramount objectives and standard practice.

52.

Upon information and belief, the FBI marginalized Mrs. Kelley, denied her

standard rights and practices, and did not treat her case with the integrity and confidentiality it

deserved, and that other victims and witnesses would routinely receive, based on inappropriate

and unprofessional personal judgments made by certain agents.

53.

Upon information and belief, government agents accessed and collected a

multitude of personal emails from multiple email addresses and accounts including, but not

limited to, other Tampa Angel emails, and emails between the Kelleys and Director Petraeus,

General Allen, and Agent Humphries, among others. The additional emails the government

agents searched, obtained, and reviewed were not pertinent or relevant to unearthing evidence



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related to the case involving the Kelleys’ cyber stalker or any other criminal investigation, nor

could any reasonable person believe they could have been. Rather, the government searched,

obtained, and reviewed personal, irrelevant private emails belonging to the Kelleys.

54.

Upon information and belief, government agents then misused the emails

obtained through brazen overreaching and overbroad search and seizure to conduct an

unprofessional, frivolous and scurrilous investigation into Mrs. Kelley’s private relationships and

affiliations that had no bearing on any pending criminal investigation or other legitimate concern

to the FBI.

55.

For example, Agent Humphries has told Mrs. Kelley that government agents

confronted Agent Humphries with Mrs. Kelley’s emails and inquired into the nature of the

relationship between Mrs. Kelley and Agent Humphries, and accused him of having sexual

relations with her. The FBI engaged in this intrusive and irrelevant inquiry even though, at the

point that Mr. Humphries was questioned about his relationship with Mrs. Kelley, the FBI and

other government agents already knew that Mrs. Broadwell had sent the anonymous threats. In

fact, however, Agent Humphries’ relationship with Mrs. Kelley was friendly, professional, and

entirely platonic.

56.

As further example, on or about July 17, 2012, Mrs. Kelley was at her home with

her three daughters when several FBI agents, including Agent Malone, arrived unannounced at

her home. They instructed Mrs. Kelley to get in what appeared to be a Suburban Sport Utility

Vehicle (“SUV”) in which they had arrived. She refused, stating she was with her children and

she was scheduled to take a flight out of Tampa in the next two hours. The agents insisted she

go with them and asked whether the children were alone in the house. Mrs. Kelley replied that

only she and the nanny were present, and the agents instructed her to leave the children with the



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nanny and again ordered Mrs. Kelley to get in the vehicle. Mrs. Kelley asked whether she could

contact her attorney, and the FBI agents replied that she did not have time to do that, and

demanded she leave her children, not contact an attorney or have an attorney present for

questioning and get in the SUV immediately. When Mrs. Kelley insisted that she could not leave

her children, the agents threatened her, demanding that she not make them do something in front

of her children that may terrify them. Frightened and intimidated by the agents’ threats and

show of force, unable to consult her lawyer or husband, and concerned for the welfare of her

three young daughters, Mrs. Kelley felt she had no choice but to go with the agents who were on

her property. They put her in the car and drove away.

57. While in the vehicle, she again asked to call her attorney, and they again denied

her, informing her she did not have time. Instead, they then demanded she answer bewildering

questions regarding her relationship with Director Petraeus and General Allen—including

insinuations and accusations that she was engaged in adulterous activity—for approximately 30

minutes. Comments made by Agent Malone made it further apparent to Mrs. Kelley that her

status as victim was not a priority for the agents, being subsumed, if not entirely overcome, by

other considerations such as career ambitions.

58.

After this harrowing experience, the agents deposited Mrs. Kelley alone, without

her luggage, at the airport. Mrs. Kelley immediately called her husband to inform him about the

preceding events.

59.

After this incident, it was abundantly clear that Mrs. Kelley was not being treated

as the victim of a crime, and was not being afforded the respect, rights, and information normally

provided crime victims. Instead she had somehow become the target of the FBI’s zealous and

sordid investigation into the agents’ wild speculations and prurient interest in an extramarital sex



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life they wrongly attributed to her. At this point, even though she was not having any

extramarital affairs and she was the victim who reported a crime, the FBI was investigating

whether she was having affairs with two different Generals and/or an FBI Agent.

Perpetration of Inaccurate, Irrelevant Information

60.

In addition to collecting vast amounts of irrelevant information and pursuing an

intrusive and unnecessary investigation into the Kelleys’ private affairs, the FBI intentionally or

recklessly maintained or included inaccuracies in the information they maintained about the

Kelleys.

61.

Agent Humphries has told the Kelleys that the FBI directed Agent Humphries to

remove a statement in his sworn 302 declaration addressing, and flatly denying, the accusation

that he had any sort of sexual contact or relationship with Mrs. Kelley. Indeed, Agent

Humphries had to insist on including the narrative of how he and Mrs. Kelley met several years

before while he was conducting an investigation that involved Mrs. Kelley as a witness.

62.

Additionally, Agent Humphries has told the Kelleys that at a time after the FBI

was aware that Mrs. Broadwell was the cyber stalker, it had a chart posted up on the wall and

visible to anyone in its Tampa field office, showing Mrs. Kelley at the hub with spokes drawn

out to several senior government and military officials. There was no reason to have this chart

unless the FBI had begun to treat Mrs. Kelley, the victim of the crime she reported to the FBI, as

the target of its investigation. Moreover, the chart, as the FBI had posted it, did not shield Mrs.

Kelley’s identity or safeguard her privacy in any way. To the contrary, the chart and other

conduct of the agents in question demonstrated a sexist and discriminatory fascination with Mrs.

Kelley that caused these officials to violate their duties and the rights to which Mrs. Kelley was

entitled.



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63.

These side investigations, and the collection and maintenance of massive amounts

of impertinent, irrelevant, unnecessary, inaccurate, and incomplete information regarding the

Kelleys’ personal relationships and other private and or protected First Amendment activities of

association and speech were an egregious and unwarranted invasion of the Kelleys’ rights.

64.

Based on information and belief, as confirmed by Agent Humphries, the FBI

months ago issued a preservation notice to all individuals associated with this investigation to

preserve all related documents and materials out of recognition that there could be possible

litigation regarding the conduct of the FBI’s investigation.

65.

By focusing resources on the lurid and pointless investigation of Mrs. Kelley’s

private life, the FBI neglected the investigation of actual potential crimes.

66.

At no point after the Kelleys first reported the threatening and harassing behavior

of an unstable cyber stalker until sometime in August 2012 did the FBI inform the Kelleys of any

progress in their case, that it had identified a suspect, or that it was continuing to investigate.

Indeed, throughout this period, while the FBI was conducting their obsessive inquiries into Mrs.

Kelley, no government agency provided the Kelleys with any information or update about the

cyber stalker, or any victim’s assistance or support, as the Kelleys continued to fear for their

safety and well-being.

Petraeus Affair Scandal and Leak of Victim Identity

67.

On November 9, 2012, Director Petraeus resigned as the Director of Central

Intelligence, the leader of the Central Intelligence Agency (“CIA”). The intense media coverage

that followed reported that his affair had been uncovered through an investigation of anonymous,

threatening emails sent to an individual who had filed a complaint with the FBI—although these



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reports did not initially identify the recipient of the harassing emails.2 On that same day, before

the name of the Kelleys was linked to this scandal, the Kelleys learned through news reports that

no criminal charges were being pressed. At no point before this decision was leaked to the

media were the Kelleys asked whether they were interested in pressing charges. After the leak

disclosing that the FBI announced it would not file charges against Ms. Broadwell, Agent

Malone called Mrs. Kelley asking for an interview with Dr. Kelley – that is the Bureau

announced a decision not to press charges without having interviewed a victim, Dr. Scott Kelley.

When the FBI did interview Dr. Kelley, he demanded to know why he was being interviewed

only after the judgment not to prosecute was made known. Dr. Kelley also demanded to know


2 See, e.g., Tabassum Zakaria and Mark Hosenball, FBI probe of Petraeus began with

“suspicious emails,” Reuters, Nov. 9, 2012, available at

http://www.reuters.com/article/2012/11/10/us-usa-petraeus-idUSBRE8A81FP20121110 (“The

FBI probe was triggered when Broadwell sent threatening emails to an unidentified woman close

to the CIA director”); FBI probe of Petraeus’ emails purportedly led to discovery of

extramarital affair, FoxNews.com, Nov. 10, 2012,

http://www.foxnews.com/politics/2012/11/10/fbi-probe-petraeus-emails-purportedly-led-to-

discovery-extramarital-affair/ (“The FBI investigation began when someone reported suspicious

emails allegedly sent from Broadwell.”); David Petraeus Affair: FBI Probe Into Inbox of Paula

Broadwell Uncovers 'Human Drama', ABC News, Nov. 10, 2012,

http://abcnews.go.com/Politics/OTUS/david-petraeus-affair-fbi-probe-uncovers-human-

drama/story?id=17689348 (“The FBI stumbled across the affair after the unnamed woman, who

received the troubling email several months ago, alerted authorities, who began a probe to track

the source of the message.”).



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why their emails had been read despite the Kelleys’ express refusal to consent to such activity,

and why their names had been leaked to the press.

68.

By November 10, 2012, in utter disregard for her privacy and status as a victim,

unnamed “law enforcement,” “senior military,” and other government officials were cited as

having willfully leaked Mrs. Kelley’s name to the media.3

69.

Indeed, Mrs. Kelley received a November 11, 2012 interview request from a

national newspaper where the journalist stated that “[w]e have now seen some of the harassing e-

mails she [Paula Broadwell] sent to you.” See Ex. 1.


3 See, e.g., Sari Horwitz & Greg Miller, FBI probe of Petraeus triggered by e-mail threats from

biographer, officials say, Wash. Post, Nov. 10, 2012, available at

http://www.washingtonpost.com/world/national-security/fbi-probe-of-petraeus-triggered-by-e-

mail-threats-from-biographer-officials-say/2012/11/10/d2fc52de-2b68-11e2-bab2-

eda299503684_story.html (“The woman who received the emails [from Paula Broadwell] was

Jill Kelley in Tampa, Fla., according to law enforcement officials. The nature of her relationship

with Petraeus is unknown.”); Report: Emails triggered Petraeus probe, Nov. 11, 2012, available

at http://www.politico.com/news/stories/1112/83690.html#ixzz2UbQRzmpz (“A senior U.S.

military official . . . says 37-year-old Jill Kelley in Tampa, Fla., received the emails from

Petraeus biographer Paula Broadwell that triggered an FBI investigation.”); Donna Leinwand

Leger, Jill Kelley ID’d as woman who sparked Petraeus inquiry, USA Today, Nov. 12, 2012,

available at http://www.usatoday.com/story/news/nation/2012/11/11/petraeus-jill-kelley-

scandal/1698203/ (“A senior U.S. military official identified the woman who allegedly received

the harassing e-mails from Paula Broadwell as Jill Kelley, 37, of Tampa.”).



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70.

By brazenly and cavalierly revealing Mrs. Kelley’s identity as the victim of Mrs.

Broadwell’s threats, who by now had been identified as a person having a sexual relationship

with Director Petraeus, by disclosing the contents of the Kelleys’ emails, by either directly

sharing contents of the emails or making statements suggesting that the content of the emails was

lurid, government officials served Mrs. Kelley up on a platter to be devoured in a frenzy of

salacious speculation regarding the nature of her relationship with Director Petraeus.

71.

Upon information and belief, by November 12, 2012, United States Government

sources had fed the media absolutely egregious, spurious, and false “facts” that generated even

more frenetic speculation about Mrs. Kelley’s intimate and sexual life, which included publicly

naming the Kelleys’ minor children.4 According to one press account entitled “Petraeus Affair:


4 See, e.g., Henry Blodget & Kim Bhasin, The ‘Other Woman’ In the Petraeus Scandal is Tampa

Resident Jill Kelley, Business Insider, Nov. 11, 2012, http://www.businessinsider.com/jill-kelley-

petraeus-2012-11 (characterizing Mrs. Kelley as “the other woman” in the Petraeus scandal and

citing an AP source of “an unnamed military official”); Michael Daly, Exclusive: Paula

Broadwell’s Emails Revealed, The Daily Beast, Nov. 12, 2012,

http://www.thedailybeast.com/articles/2012/11/12/exclusive-paula-broadwell-s-emails-

revealed.html (citing an anonymous source from “the highest levels of the intelligence

community” as describing the emails sent by Paula Broadwell to Jill Kelley as “kind of cat-fight

stuff,” and speculating that “Kelley likely assisted her 7-year-old daughter. . . in posting an

online photo album that includes a picture of the girl and her two sisters with Petraeus”); Emma

Brockes, Petraeus scandal: Jill Kelley and the Tampa society set, The Guardian, Nov. 16, 2012,

available at http://www.guardian.co.uk/world/2012/nov/16/petraeus-scandal-jill-kelly-tampa-

society.



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Who is Jill Kelley?,” published by ABC News on November 13, 2012, a government official

disclosed that “[t]he FBI has now uncovered ‘potentially inappropriate’ emails between Gen.

Allen and Kelley, according to a senior U.S. defense official who is traveling with Defense

Secretary Leon Panetta. The department is reviewing between 20,000 and 30,000 documents

connected to this matter, the official said.”5

72.

On November 11, 2012, government officials further leaked information about

Mrs. Kelley’s personal correspondence with General Allen, further fanning the flames of the

“vixen” storyline. The media cited anonymous government sources for the proposition that Mrs.

Kelley engaged in suggestive communications with General Allen, numbering in the tens of

thousands, and that government officials were conducting an investigation into adultery between

Mrs. Kelley and General Allen. Indeed, government officials disclosed damaging information

from their records stemming from the Kelleys’ personal email accounts, going so far as to

characterize certain email communications as the “‘equivalent of phone sex over email.’”6


5 Christina Ng, Martha Raddatz & Luis Martinez, ABC News, Nov. 13, 2012,

http://news.yahoo.com/petraeus-affair-jill-kelley-154817861--abc-news-topstories.html .

6 See, e.g., Gen. Allen’s emails to friend of Petraeus family were like ‘phone sex,’ sources say,

FoxNews.com, Nov. 14, 2012, http://www.foxnews.com/politics/2012/11/13/top-us-commander-

in-afghanistan-gen-john-allen-under-investigation-for-alleged/#ixzz2Ubsiijue (“[T]wo U.S.

officials later told Fox News that Allen's contact with Kelley was more than just general flirting.

One official described some of the emails as sexually explicit and the ‘equivalent of phone sex

over email.’”); Craig Whitlock & Rajiv Chandrasekaran, Petraeus investigation ensnares

commander of U.S., NATO troops in Afghanistan, Wash. Post, Nov. 13, 2012, available at

http://www.washingtonpost.com/world/national-security/scandal-probe-ensnares-commander-of-



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73.

Once more, government leaks placed the Kelleys in the middle of rampant

speculation about the nature of her private relationships with men who were not her husband, in

this case General Allen, resulting in lurid headlines and political cartoons placing Mrs. Kelley at

the “center” of a “sex scandal.”7

74.

Upon information and belief according to media reports, General Allen’s

imminent promotion to Supreme Allied Commander of Europe for the North Atlantic Treaty


us-nato-troops-in-afghanistan/2012/11/13/a2a27232-2d7d-11e2-a99d-

5c4203af7b7a_story.html?hpid=z1 (“According to a senior U.S. defense official, the FBI has

uncovered between 20,000 and 30,000 pages of documents — most of them e-mails — that

contain “potentially inappropriate” communication between Allen and Jill Kelley.”).

7 See, e.g., Rachel Bletchly, Sex and the CIA: The woman at the centre of the scandal with top

US generals, Mirror, Nov. 17, 2012, available at http://www.mirror.co.uk/news/world-news/jill-

kelley-woman-at-the-centre-of-the-scandal-1440530; The other ... other woman: Florida

socialite emerges at center of Petraeus scandal, FoxNews.com, Nov. 13, 2012,

http://www.foxnews.com/politics/2012/11/13/florida-housewife-in-petraeus-scandal-reportedly-

never-spared-anything-for/; Carl Hiaasen, Jill Kelley, mystery vixen in Petraeus scandal, Miami

Herald, Dec. 1, 2012, available at http://www.miamiherald.com/2012/12/01/3121422/jill-kelley-

mystery-vixen-in-petraeus.html; Phil Hands, Four Star General Hospital, Wisconsin State

Journal, Nov. 18, 2012, available at http://host.madison.com/hands-cartoon-four-star-general-

hospital/image_1f8b1b26-3000-11e2-a64d-001a4bcf887a.html (depicting Mrs. Kelley as being

involved in a soap opera with Generals Petraeus and Allen); In the Line of Booty, N.Y. Daily

News (cover story), Nov. 18, 2012, available at

http://www.tampabay.com/resources/images/blogs/media/61982.jpg.



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Organization (“NATO”) was delayed pending the outcome of the investigation into the nature of

his relationship with Mrs. Kelley. On January 22, 2013, the investigators cleared General Allen

of all wrongdoing, concluding he had not had an inappropriate relationship or inappropriate

dealings with Mrs. Kelley. Nevertheless, after the ensuing scandal purporting to smear him as

having an affair with Mrs. Kelley, General Allen retired from the military on April 29, 2013.8

75.

Upon information and belief, these malicious leaks originated with government

agents. Because the Kelleys’ case was a Sensitive Investigative Matter (“SIM”), access to their

case file was – or should have been – restricted. Upon information and belief, there is a list of

approximately 70 government employees who had unlimited access to the case file, including

individuals from the Tampa FBI office, FBI headquarters, and the Department of Justice. The

individuals on that list would be the only people with authorized access to information regarding

the details of the investigation, the particulars of the Kelleys’ personal emails, and the agents’


8 See, e.g., Benjamin Bell, Retired General John Allen Recalls Toll of Petraeus-linked

Investigation, ABC News, May 26, 2013, available at

http://abcnews.go.com/blogs/politics/2013/05/retired-general-john-allen-recalls-toll-of-petraeus-

linked-investigation/ (“Gen. John Allen discussed the toll the Pentagon investigation into emails

he exchanged with a Tampa socialite took on him and his wife, Kathy…. ‘I didn’t have any

concerns about what was in the content of the e-mails…I was just interested in putting it behind

me as quickly as we could,’ he said. Kathy Allen expressed surprise over the investigation into

emails between her husband and Kelley, who she also was in communication with as well. …

‘When someone shares an e-mail with her husband, you know, I thought, ‘Is somebody thinking

this is a little odd that, you know, they’re taking this so seriously?’’”).



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use of those emails to conduct frivolous and sexually discriminatory inquiries into Mrs. Kelley’s

personal matters.

76.

Upon information and belief, information in or derived from the Kelleys’ case file

was disclosed to government officials beyond those on the authorized list, including officials

outside of the FBI or DOJ, as well as improperly disclosed to members of the media. Upon

information and belief, access to this information has been investigated by the Inspector General

of the Department of Defense.

FBI’s Willful Determination to Withhold Victim Services and Transform Mrs. Kelley

from Victim to Subject of FBI Investigation


77.

At no point from when the Kelleys first reported the threatening and potentially

criminal behavior of the mysterious stalker until after Mrs. Kelley’s name was leaked and

smeared to the media was Mrs. Kelley treated like the victim she is. At no point did Defendants

apprise her of the rights to which victims are entitled by law and FBI policy. At no point did an

FBI victims’ representative officer contact her.

78.

In fact, Mrs. Kelley had asked FBI representatives repeatedly about victims’

assistance or victims’ rights, and each time she was told that they would get back to her.

79.

On or about November 7, 2012, in light of the fact that the Kelleys had not

received any concrete information since they reported the potential crime in early June 2012 and

were only told that the FBI had potentially identified the sender in August 2012, Mrs. Kelley

contacted the FBI Victim Witness Assistance program coordinator office in Tampa seeking

information about her case. The websites for the United States Attorney’s Office for the Middle

District of Florida specifically includes information on victim witness assistance, stating

“Services provided to crime victims and witnesses by the U.S. Attorney's Office include: notice

of case events; information concerning their rights; information about case proceedings and the



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criminal justice system in general; referrals to medical and/or social service providers; assistance

with travel arrangements; and logistical information….”9 The Site provides contact information

for the Victim Witness Assistance representative in each district.

80.

The FBI Victim Witness representative who answered the phone searched for her

case file, which she could not initially locate. After some difficulty, the FBI representative asked

Mrs. Kelley if her case were related to the Director Petraeus and General Allen inquiry. Once

Mrs. Kelley acknowledged that her case was likely related, the representative told Mrs. Kelley

her file had existed but had been removed from the victim representatives’ list of cases, and that

she had no further information. Mrs. Kelley specifically communicated the desire for FBI

protection due to the continued activity from the stalker, but the representative simply reiterated

that the file had been taken off her desk and that she would tell Agent Malone to get in touch

with Mrs. Kelley.

81.

Indeed, Mrs. Kelley was never offered, and never received, any of the rights she

was entitled to pursuant to United States law and FBI policy. The Crime Victims’ Rights Act of

2004, codified at 18 U.S.C. § 3771, provides that the government must use its “best efforts to see

that crime victims are notified of, and accorded, the[ir] rights,” including “the right to be

reasonably protected from the accused” and “the right to be treated with fairness and with respect

for [the victim’s] dignity and privacy.” The FBI is aware of this law, and notes on its website

that victims should be afforded these rights and that “[t]he FBI’s responsibility for assisting


9 The United States Attorney’s Office Middle District of Florida, Victim Witness Assistance,

http://www.justice.gov/usao/flm/programs/vw/vwa.html.



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victims is continuous until the investigation is closed or until it is turned over to a U.S.

Attorney’s Office for prosecution.”10

Fallout and Aftermath

82.

The reality of the Kelleys’ lives stand in stark contrast to the absurd caricature the

government has painted of them by wrongfully and improperly associating them with a national

sex scandal.

83.

Echoing the comments and perspectives of the Tampa FBI agents, and other

government officials, there are now multitudes of headlines and videos demonstrating the

gleeful, unabashed ridicule and mockery heaped on the Kelleys after the government leaked their

names, bad facts and false information, and sexist innuendoes to the press. This leaked innuendo

was drawn directly from confidential information provided by the Kelleys to help the FBI and to

protect themselves from a stalker, and should not have been publicly associated by government

officials with a national sex scandal that involved violations of law, adultery, and national

security breaches committed by neither Dr. nor Mrs. Kelley. Indeed, a Google search for “Jill

Kelley and Petraeus scandal” on May 28, 2013 yields over 470,000 hits.

84.

No government official had any legal basis to release the name of either of the

Kelleys to the media, or to publicly disclose, discuss and adversely characterize their private

emails and other confidential information in the criminal investigation triggered by the Kelleys

complaint to the FBI.


10 FBI Victim Assistance, Rights of Federal Crime Victims, http://www.fbi.gov/stats-

services/victim_assistance/victim_rights.



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85.

The Kelleys have suffered enormously as a result of the Defendants’ leak of their

names, of their personal and private information, and of a host of bad facts, erroneous financial

and other information, and rank gossip.

86. Mrs. Kelley’s reputation is indelibly tainted. She is consistently referred to as the

“center” of the “sex scandal” and is often portrayed as the woman who brought down two

American generals. As a result, she—the victim and a participant in none of the bad acts in the

sex scandal—has shouldered the blame as the villain in the generals’ downfall.11

87.

The vituperation directed toward the Kelleys forced them to invest in security

measures they had never had to take before, to avoid public events they would otherwise attend,

and to lose much of the value of living in their Tampa community. It also prevented the Kelleys

from attending their children’s school functions, including school plays and family days, and a

specific occasion where they were unable to see their children receive an award.

88.

In addition, to better understand their rights in the aftermath of the Defendants’

disclosures, the Kelleys had to invest resources in hiring attorneys to try to help remediate the

damage the government has caused them.

89.

The media circus has not limited itself only to hatching lies about the Kelley’s

relationships and affiliations – the Kelleys have also had to endure prying and false allegations

about their finances and ethics.


11 See, e.g., Sage Stossel, Petraeus scandal: History repeats itself, Boston Globe, Nov. 24, 2012,

availableat http://www.bostonglobe.com/opinion/2012/11/24/petraeus-scandal-history-repeats-

itself/I6zGIU63qBEDIicrN0MZgN/story.html (cartoon depicting Mrs. Kelley as a modern-day

Helen of Troy).



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90.

Despite rank speculation in the public airwaves that all Mrs. Kelley wanted from

this was public exposure and attention, the Kelleys maintained a private and discreet life.

Neither had a Facebook, Twitter, or any other social media account. Neither sought the national

media spotlight. There were few or no publicly available images or stories on file for either prior

to the government’s damaging leaks and violation of their privacy rights. A Washington Post

timeline archives search shows virtually no coverage, if any at all, of Jill Kelley prior to

November 2012. The private, non-public nature of the Kelleys was indirectly confirmed in a

Saturday Night Live skit about Mrs. Kelley that aired on November 17, 2012, satirizing the

gratuitous frenzy that erupted after the release of the Kelleys’ names while only being able to

show – repeatedly – the same video of her walking from a front door to a car.12 A large part of

the attempted humor of the skit comes from the absolute dearth of public images of Mrs. Kelley

available to the media, confirming Mrs. Kelley’s private nature - including by having Wolf

Blitzer’s impersonator ask “aren’t there any other pictures of Mrs. Kelley out there?” – an

individual with virtually no public persona from which the media could generate stories beyond

the spurious insinuations stemming from the government naming her in connection to the

Petraeus scandal.

91.

The public diminishment and objectification of Mrs. Kelley on the basis of sexual

innuendo and worse is a direct result of the Defendants’ wrongful treatment of her. Such

treatment was the product of sexual discrimination and stereotyping by Defendants. It is a

recrudescence of an older culture where ambitious, attractive, vivacious and intelligent women

were shamefully reduced to mere sex objects and publicly humbled when they dared to lean in to

leadership roles.


12 http://www.nbc.com/saturday-night-live/video/the-situation-room-david-patraeus/n28990/



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92.

In contrast to how quickly the unnamed officials commented on Mrs. Kelley’s

personal and social life, government sources were reluctant to make any statements regarding

General Allen’s involvement in the scandal.13 Even after some senior officials noted that

General Allen and Mrs. Kelley exchanged “inappropriate” emails, other unnamed governmental

officials leaped to defend General Allen, denying the existence of an affair that would damage

his reputation but saying nothing of the media’s character assassination of Mrs. Kelley.14


13 Robert Burns, Gen. John Allen, Top Afghanistan Commander, Investigated For Email Link To

Petraeus Scandal, Huffington Post, Nov. 13, 2012,

http://www.huffingtonpost.com/2012/11/13/john-allen-petraeus_n_2120609.html (“A senior

defense official traveling with Panetta said Allen’s communications were with Jill Kelley… He

would not say whether they involved sexual matters or whether they are thought to include

unauthorized disclosures of classified information.”); David S. Cloud, Gen. John Allen tied to

Jill Kelley, Petraeus affair scandal, LA Times, Nov. 13, 2012, available at

http://articles.latimes.com/2012/nov/13/news/la-pn-john-allen-petraeus-jill-kelley-20121113

(“One official said that Allen, who is married, had denied having an inappropriate relationship

with Kelley”).

14 See Defense official fires back, denies Afghanistan commander exchanged ‘inappropriate’

emails, NBCNews.com, Nov. 13, 2012,

http://usnews.nbcnews.com/_news/2012/11/13/15130151-defense-official-fires-back-denies-

afghanistan-commander-exchanged-inappropriate-emails?lite (“‘There was no affair,’ said the

official, who spoke on condition of anonymity. The emails in question could be misconstrued,

the official said, predicting that the investigation will prove Allen’s innocence.”) (emphasis

added); Max Fisher, Reports: Gen. John Allen did not send 30,000 e-mails to Jill Kelley, Wash.



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93.

Neither Dr. nor Mrs. Kelley have been accused of a crime, and to their

knowledge, they have not been investigated for one. Mrs. Kelley has not had an affair with

anyone. Mrs. Kelley has not had a sexual relationship of any kind with Director Petraeus,

General Allen, Agent Humphries, any other federal official, or anyone else. She and Dr. Kelley

are happily married. That Mrs. Kelley is in a position where she has to publicly address her sex

life and declare that she has engaged in no extramarital affairs is but another example of the

egregious invasion of privacy the Kelleys have endured.

94. Mrs. Kelley’s prior excellent reputation was a critical factor in obtaining her

Honorary Consulship, and the reputational backlash she suffered as a result of the Defendants’

actions directly and proximately caused her appointment as an Honorary Consul to be revoked.

The revocation of her Honorary Consulship deprived her of significant social and financial

networking, investment, and business fee finder opportunities, as well as the loss of the tax-free

annual stipend for years. Considering many Honorary Consuls serve for decades, this is a

substantial loss of potential income.

95. More significantly, an important facet of the Honorary Consul position is the

ability to connect U.S. businesses with their business counterparts in the sending country,

normally for a percentage of the consummated transaction. Although separate from the official

activities of an Honorary Consul, the prestige, connections, and reputation associated with that

position could easily, and ethically, have resulted in millions of dollars in commission payments


Post, Nov. 13, 2012, available at

http://www.washingtonpost.com/blogs/worldviews/wp/2012/11/13/psa-gen-john-allen-did-not-

send-30000-e-mails-to-jill-kelley/ (“He’s [Gen. Allen] never been alone with her,” the senior

official said. “Did he have an affair? No.”) (emphasis added).



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over Mrs. Kelley’s lifetime. U.S. State Department guidance makes clear that Honorary Consuls

servicing in the United States on behalf of other countries may engage in personal business

activities.

96.

Prior to Defendants’ misconduct, Mrs. Kelley had earned hundreds of thousands

of dollars through her real estate investments, and her networking opportunities were beginning

to present significant other business and philanthropic prospects. In the aftermath of the

government’s actions and the ensuing smear of the Kelleys’ personal and financial standings,

Mrs. Kelley has lost a critical element for success in her real estate investments and business, and

development and monetizing of patent ideas—credibility and financial standing. Indeed, Mrs.

Kelley has been made aware of opportunities that she may not participate in, because potential

business partners and investors could not afford to associate or set their trust in someone who has

been publicly associated with ostensible sexual peccadilloes of military men, bankruptcy, false

dealings, and other morally questionable behavior. Additionally, Mrs. Kelley’s reputation was a

critical element in her receipt of invitations to join boards for organizations that would further

her success. For example, in September of 2012, Mrs. Kelley was invited to join the Board of

Trustees for the International Council of the Tampa Bay Region, which hosts distinguished

international visitors, and whose members included executives from Fortune 500 companies,

philanthropists, and other leaders. In the aftermath of Defendant’s actions, Mrs. Kelley was

never contacted again by the Board for the International Council of the Tampa Bay Region.



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97. Moreover, Mrs. Kelley no longer receives prestigious invitations to the diplomatic

and distinguished governmental functions at which she was a regular attendee now that she is

associated with a scandal.15

98.

Her access to the MacDill Air Force Base was revoked notwithstanding the long

years of voluntary service and resources she provided.

99.

Dr. Kelley also suffered dramatic financial losses because of the Defendants’

misconduct. Due to concerns regarding the property and privacy interests involved, and the

potential for prejudice to the Kelleys from disclosure, those damages will be addressed in more

detail under seal or pursuant to an appropriate protective order.

100. The Defendants’ disclosure of the Kelleys’ private information resulted in

potentially irretrievable reputational harm, significant financial expenses, and current and future

financial losses and lost opportunities.

Federal Protections of Privacy

101. The Fourth Amendment of the U.S. Constitution recognizes the privacy interests

in electronic communications. Indeed, as the U.S. Court of Appeals wrote in United States v.

Warshak, 631 F.3d 266, 284 (6th Cir. 2010), “an email account … provides an account of its


15 Indeed, Mrs. Kelley’s frequent attendance at such social events was noted by the press. See,

e.g., John Cook, “Petraeus’ Pal Jill Kelley Loaned $800,000 to Her ‘Unstable’ Twin Sister,”

Gawker.com, Nov. 13, 2012, http://gawker.com/5960211/petraeus-pal-jill-kelley-loaned-800000-

to-her-unstable-twin-sister (“[S]he seems to have been a regular on the diplomatic circuit: Rep.

Peter King (R-N.Y.) told CNN yesterday that he had met her once or twice at British embassy

events.”)



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owner’s life. By obtaining access to someone’s email, government agents gain the ability to peer

deeply into his activities. …” The Court thus went to hold that:

If we accept that an email is analogous to a letter or a phone call, it

is manifest that agents of the government cannot compel a

commercial ISP to turn over the contents of an email without

triggering the Fourth Amendment. An ISP is the intermediary that

makes email communication possible. Emails must pass through

an ISP’s servers to reach their intended recipient. Thus, the ISP is

the functional equivalent of a post office or a telephone company.

As we have discussed above, the police may not storm the post

office and intercept a letter, and they are likewise forbidden from

using the phone system to make a clandestine recording of a

telephone call—unless they get a warrant, that is. See Jacobsen,

466 U.S. at 114; Katz, 389 U.S. at 353. It only stands to reason

that, if government agents compel an ISP to surrender the contents

of a subscriber’s emails, those agents have thereby conducted a

Fourth Amendment search, which necessitates compliance with the

warrant requirement absent some exception.



102. The Privacy Act, 5 U.S.C. § 552a, was enacted in 1974 following the revelation

of the illegal surveillance and investigation of individuals by federal agencies during the

Watergate scandal. The Privacy Act seeks to protect individuals from unwarranted invasions of

privacy by federal agencies that maintain sensitive information about them. In passing the Act,

Congress recognized that “the opportunities for an individual to secure employment, insurance,



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and credit, and his right to due process, and other legal protections are endangered by the misuse

of certain information systems,” and that “the right to privacy is a personal and fundamental right

protected by the Constitution of the United States.” 5 USC § 552a note (Congressional findings

for the Privacy Act of 1974).

103. Congress enacted the Electronic Communications Privacy Act, including the

Stored Communications Act, 18 U.S.C. § 2701 et seq., in 1985 to protect individuals from the

“technological advances in surveillance devices and techniques” that “ma[de] it possible for

overzealous law enforcement agencies, industrial spies and private parties to intercept the

personal or proprietary communications of others.” S. Rep. No. 99-541, at 3 (1986), reprinted in

1986 U.S.C.C.A.N. 3555, 3557. The Act sought to remedy what Justice Brandeis had correctly

predicted decades before in his famous dissent in Olmstead v. United States, 277 U.S. 438

(1928), that “the Government, without removing papers from secret drawers, can reproduce them

in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the

home,” with no protection afforded to the individual’s privacy. Id. at 2, 3556.

104. The FBI and other Defendants acted in this case in gross dereliction of their duties

to respect these laws and violated these protections to the lasting detriment of the Kelleys.

FIRST CAUSE OF ACTION





AGAINST DEFENDANTS FBI DOD AND THE UNITED STATES

PRIVACY ACT – UNAUTHORIZED DISCLOSURE


105. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through

104 above, inclusive.

106.

Information regarding the Kelleys and their report to the FBI of threatening and

harassing cyberstalking is maintained within one or more Privacy Act systems of records



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retrievable by use of the Kelleys’ name or by some identifying number, symbol or other

identifying particular assigned to Plaintiffs.

107. Pursuant to 5 U.S.C. § 552a(b), the FBI may not “disclose any record which is

contained in a system of records by any means of communication to any person, or to another

agency” unless certain exceptions apply.

108. At no time did Plaintiffs provide the government with either verbal or written

consent to disclose information concerning themselves to third parties, and indeed received

assurances that the FBI would preserve their privacy.

109. Upon information and belief, on one or more occasions since the Kelleys first

reported the threatening and criminal actions of the cyber stalker, the FBI shared records on the

Kelleys with the DOD, and both shared these records with the media. The FBI and DOD leaks

by, for example, “law enforcement officials,”16 a “senior U.S. military official,”17 “an unnamed


16 See, e.g., Sari Horwitz & Greg Miller, FBI probe of Petraeus triggered by e-mail threats from

biographer, officials say, Wash. Post, Nov. 10, 2012, available at

http://www.washingtonpost.com/world/national-security/fbi-probe-of-petraeus-triggered-by-e-

mail-threats-from-biographer-officials-say/2012/11/10/d2fc52de-2b68-11e2-bab2-

eda299503684_story.html (“The woman who received the emails [from Paula Broadwell] was

Jill Kelley in Tampa, Fla., according to law enforcement officials. The nature of her relationship

with Petraeus is unknown.”)

17 Report: Emails triggered Petraeus Probe, Nov. 11, 2012, available at

http://www.politico.com/news/stories/1112/83690.html#ixzz2UbQRzmpz (“A senior U.S.

military official . . . says 37-year-old Jill Kelley in Tampa, Fla., received the emails from

Petraeus biographer Paula Broadwell that triggered an FBI investigation.”); see also Donna



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military official,”18 an anonymous source from “the highest levels of the intelligence

community,”19 and “a senior U.S. defense official who is traveling with Defense Secretary Leon

Panetta,”20 were widely reported.


Leinwand Leger, Jill Kelley ID’d as woman who sparked Petraeus inquiry, USA Today, Nov.

12, 2012, available at http://www.usatoday.com/story/news/nation/2012/11/11/petraeus-jill-

kelley-scandal/1698203/ (“A senior U.S. military official identified the woman who

allegedly received the harassing e-mails from Paula Broadwell as Jill Kelley, 37, of Tampa.”).

18 See, e.g., Henry Blodget and Kim Bhasin, The ‘Other Woman’ In the Petraeus Scandal is

Tampa Resident Jill Kelley, Business Insider, Nov. 11, 2012, available at

http://www.businessinsider.com/jill-kelley-petraeus-2012-11 (characterizing Mrs. Kelley as “the

other woman” in the Petraeus scandal and citing an AP source of “an unnamed military

official”).

19 Michael Daly, Exclusive: Paula Broadwell’s Emails Revealed, The Daily Beast, Nov. 12,

2012, available at http://www.thedailybeast.com/articles/2012/11/12/exclusive-paula-broadwell-

s-emails-revealed.html (citing an anonymous source from “the highest levels of the intelligence

community” as describing the emails sent by Paula Broadwell to Jill Kelley as “kind of cat-fight

stuff,” and speculating that “Kelley likely assisted her 7-year-old daughter, Ca…, in posting an

online photo album that includes a picture of the girl and her two sisters with Petraeus”).

20 Christina Ng, Martha Raddatz and Luis Martinez, ABC News, Nov. 13, 2012, available at

http://news.yahoo.com/petraeus-affair-jill-kelley-154817861--abc-news-topstories.html (“The

FBI has now uncovered "potentially inappropriate" emails between Gen. Allen and Kelley,

according to a senior U.S. defense official who is traveling with Defense Secretary Leon Panetta.



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110. Upon information and belief, the DOD did not have a need for the record in the

performance of their duties, in part because they had already realized that Mrs. Broadwell was

the source of the security compromise, and that no other lawful exception authorized the

disclosure of records on the Kelleys to the DOD.

111. Upon information and belief, in one or more occasions since the Kelleys first

reported the threatening and criminal actions of the cyber stalker, the FBI, DOD, and the United

States, through numerous employees, unlawfully and without regard to the foreseeable and

certain consequences of association with the unfolding national scandal of Petraeus’ extramarital

affair, disseminated information, including that which was inaccurate, derogatory, and irrelevant,

from within a protected system of records, to media members and other third parties who were

not authorized to receive such information.

112. No lawful exception authorized such damaging disclosures.
113. This unlawful disclosure expanded the intrusion into the Kelleys’ privacy and

thrust them into the national spotlight to be associated with and held out to be the direct and

proximate cause of, the criminal, adulterous, and potentially security-compromising actions of

others, altering their lives forever.

114. The unauthorized disclosures by the FBI and DOD violated 5 U.S.C. § 552a(b),

with adverse effect to the Kelleys, and give rise to a claim pursuant to 5 U.S.C. §552a(g)(1)(D).
115. Upon information and belief, the FBI, DOD and the United States, as well as their

employees and officers, knew or should have known that their actions were improper, unlawful

and/or in violation of the Privacy Act. Indeed, in the multitude of ensuing media coverage, none


The department is reviewing between 20,000 and 30,000 documents connected to this matter, the

official said. The email exchanges between Kelley and Allen took place from 2010 to 2012.”).



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of the sources was identified by name, or appeared to have spoken to media only on condition of

anonymity given the prohibited nature of leaking such protected and damaging information to

the national press.

116. Upon information and belief, the FBI, DOD and the United States acted

intentionally and/or willfully in the violation of the Kelleys’ privacy rights.

117. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.

AGAINST DEFENDANTS FBI, DOD AND THE UNITED STATES

SECOND CAUSE OF ACTION





PRIVACY ACT – FAILURE TO MAINTAIN IN RECORDS ONLY INFORMATION
RELEVANT AND NECESSARY TO ACCOMPLISH A PURPOSE OF THE AGENCY


118. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through

117 above, inclusive.

119.

Information regarding the Kelleys and their report to the FBI of threatening and

harassing cyberstalking is maintained within one or more Privacy Act systems of records

retrievable by use of the Kelley’s name or by some identifying number, symbol, or other

identifying particular assigned to Plaintiffs.

120. Pursuant to 5 U.S.C. § 552a(e)(1), the FBI, the DOD, and United States must

“maintain in its records only such information about an individual as is relevant and necessary to



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accomplish a purpose of the agency required to be accomplished by statute or by Executive order

of the President.”

121. Upon information and belief, Private information about the Kelleys, including the

Kelleys’ personal relationships, financial dealings, and personal communications that are not

relevant to their report of threatening and harassing cyberstalking, nor to the investigation of any

other criminal activity, and that present no national security concern, are not relevant or

necessary to the purposes of the FBI, the DOD and United States.

122. Upon information and belief, Defendants the FBI, the DOD, and United States

maintained and may still maintain information in their records that is irrelevant and unnecessary

to the purposes of their agencies.

123. Upon information and belief, the maintenance of irrelevant and unnecessary

information in their records expanded the intrusion into the Kelleys’ privacy without

justification, painted the Kelleys in a damaging false light, created a larger set of information

subject to compromise from government leaks and other misuse, and lead to significant

emotional and financial injury to the Kelleys.

124. Upon information and belief, the maintenance of irrelevant and unnecessary

information violated 5 U.S.C. § 552a(e)(1), with adverse effect to the Kelleys, and gives rise to a

claim pursuant to 5 U.S.C. §552a(g)(1)(D).

125. Upon information and belief, the FBI, the DOD, the United States, and their

employees and officers knew or should have known that their actions were improper, unlawful

and/or in violation of the Privacy Act.

126.

The FBI, the DOD, the United States, and their employees and officers acted

intentionally and/or willfully in violation of the Kelleys’ privacy rights.



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127. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.

AGAINST DEFENDANTS FBI, DOD, AND THE UNITED STATES

THIRD CAUSE OF ACTION





PRIVACY ACT – FAILURE TO MAINTAIN RECORDS WITH SUCH ACCURACY,

RELEVANCE, TIMELINESS AND COMPLETENESS AS IS NECESSARY TO ASSURE


128. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

FAIRNESS

127 above, inclusive.

129.

Information regarding the Kelleys and their report to the FBI of threatening and

harassing cyberstalking is maintained within one or more Privacy Act systems of records

retrievable by use of the Kelleys’ name or by some identifying number, symbol or other

identifying particular assigned to Plaintiffs.

130. Defendants FBI, DOD and the United States are required, under the Privacy Act

at §552a(g)(1)(c), to “maintain any record concerning any individual with such accuracy,

relevance, timeliness, and completeness as is necessary to assure fairness in any determination

relating to the qualifications, character, rights, or opportunities of, or benefits to the individual

that may be made on the basis of such record….”

131. Upon information and belief, records regarding the Kelleys were not maintained

with a degree of accuracy, relevance and completeness as is necessary to ensure fairness, and



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indeed FBI Defendants dissuaded an FBI agent from providing a complete and accurate record

on Mrs. Kelley when Defendants asked that the agent eliminate information in the record

accurately describing the nature of his relationship with Mrs. Kelley.

132. Upon information and belief, these records were relied upon to proximately cause

adverse determination to deny access to opportunities and benefits from victim assistance

programs, and rather than be treated as the victims of a crime, make a determination to convert

the Kelleys into the subject of an investigation.

133. Upon information and belief, these inaccurate records expanded the intrusion into

the Kelleys’ privacy without justification, painted the Kelleys in a damaging false light, and

created a larger set of information—including inaccurate information—subject to compromise

from government leaks and/or other misuse.

134. Upon information and belief, the FBI, DOD and the United States actions give

rise to a claim pursuant to §552a(g)(1)(c) regardless of whether the information is maintained in

a system of records.

135. The FBI, DOD, and the United States, as well as their employees and officers

knew or should have known that their actions were improper, unlawful and/or in violation of the

Privacy Act.

136. The FBI, DOD and the United States, as well as their employees and officers

acted intentionally and/or willfully in violation of the Kelleys’ privacy rights.

137. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal



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security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.

AGAINST DEFENDANTS FBI, DOD, AND THE UNITED STATES

FOURTH CAUSE OF ACTION





PRIVACY ACT – MAINTAINING RECORDS DESCRIBING EXERCISE OF RIGHTS

GUARANTEED BY THE FIRST AMENDMENT


138. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

137 above, inclusive.

139. Upon information and belief, information regarding the Kelleys and their report to

the FBI of threatening and harassing cyberstalking is maintained within one or more Privacy Act

systems of records retrievable by use of the Kelleys’ name or by some identifying number,

symbol or other identifying particular assigned to Plaintiffs.

140. Upon information and belief, Defendants FBI, DOD and the United States

maintained records regarding the Kelleys’ personal communications and friendships, activities

protected under the First Amendment’s guarantee of freedom of speech and rights of association,

that were not pertinent to and outside of the scope of authorized law enforcement activity, nor

expressly authorized to be maintained under any statute.

141. As a result of the maintenance of records regarding the Kelleys’ exercise of First

Amendment rights, the Kelleys suffered adverse effects, including denial of access to victim

assistant programs, and rather than be treated as the victims of a crime, were converted into the

subject of an investigation.

142. The maintenance of records regarding the Kelleys’ exercise of First Amendment

rights also had the adverse effects of expanding the intrusion into the Kelleys’ privacy without



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justification, painting the Kelleys in a damaging false light, and creating a larger set of

information subject to compromise from government leaks and/or other misuse.

143. The actions of the government violated § 552a(e)(7), with adverse effects to the

Kelleys, which gives rise to claims pursuant to §552a(g)(1)(D).

144. The FBI, DOD and the United States, as well as their employees and officers,

knew or should have known that their actions were improper, unlawful and/or in violation of the

Privacy Act.

145. The FBI, DOD and the United States, as well as their employees and officers

acted intentionally and/or willfully in violation of the Kelleys’ privacy rights.

146. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.

AGAINST DEFENDANTS FBI AND DOD AND THE UNITED STATES

FIFTH CAUSE OF ACTION





PRIVACY ACT – FAILURE TO MAKE REASONABLE EFFORTS TO ASSURE
RECORDS ARE ACCURATE, COMPLETE AND RELEVANT FOR AGENCY

PURPOSES PRIOR TO DISSEMINATION


147. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

146 above, inclusive.

148.

Information regarding the Kelleys and their report to the FBI regarding

threatening and harassing cyberstalking is maintained within one or more Privacy Act systems of



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records retrievable by use of the Kelley’s name or by some identifying number, symbol or other

identifying particular assigned to Plaintiffs.

149. The Privacy Act at § 552a(e)(6) requires that the FBI, DOD and the United States

to “make reasonable efforts to assure that such records are accurate, complete, timely, and

relevant for agency purposes” prior to disseminating such records to any person other than an

agency.

150. Upon

information and belief, prior

to disseminating privacy protected

information, the FBI, DOD, and the United States, failed to take reasonable efforts to assure

records regarding the Kelleys were accurate, complete, or relevant for agency purposes.

151. Upon information, FBI Defendants dissuaded an FBI agent from providing a

complete and accurate record on Mrs. Kelley when Defendants asked that the agent eliminate

information in the record accurately describing the nature of his relationship with Mrs. Kelley.

152. As a result of these inaccurate, incomplete, and irrelevant records, the Kelleys

suffered adverse effects including denial of access to victim assistant programs, and rather than

be treated as the victims of a crime, were converted into the subject of an investigation.

153. These inaccurate, incomplete and irrelevant records also had the adverse effects of

expanding the intrusion into the Kelleys’ privacy without justification, painting the Kelleys in a

damaging false light, and creating a larger set of information subject to compromise from

government leaks and/or other misuse.

154. The actions of the government violated § 552a(e)(6), with adverse effects to the

Kelleys, which gives rise to claims pursuant to §§552a(g)(1)(D).



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155. Upon information and belief, the FBI, DOD and the United States, as well as their

employees and officers knew or should have known that their actions were improper, unlawful

and/or in violation of the Privacy Act.

156. Upon information and belief, the FBI, DOD, and the United States, as well as

their employees and officers acted intentionally and/or willfully in violation of the Kelleys’

privacy rights.

157. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.

AGAINST DEFENDANTS FBI, DOD AND THE UNITED STATES

SIXTH CAUSE OF ACTION





PRIVACY ACT – FAILURE TO ESTABLISH APPROPRIATE SAFEGUARDS TO

ENSURE THE SECURITY AND CONFIDENTIALITY OF RECORDS WHICH

RESULTED IN SUBSTANTIAL HARM AND EMBARRASSMENT


158. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

157 above, inclusive.

159. Upon information and belief, information regarding the Kelleys and their report to

the FBI of threatening and harassing cyberstalking is maintained within one or more Privacy Act

systems of records retrievable by use of the Kelley’s name or by some identifying number,

symbol or other identifying particular assigned to Plaintiffs.



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160. Upon information and belief, FBI, DOD and United States sources compromised

the security and confidentiality of information held in records related to the Kelleys, their report

of cyberstalking, and other information naming individuals in relation to an investigation into

adulterous activity by a high profile national figure by providing the information in these reports

to the media.

161. Upon information and belief, the FBI, DOD and the United States failed to

establish appropriate administrative, technical, and physical safeguards to ensure the security and

confidentiality of records and to protect against anticipated threats or hazards to their security or

integrity.

162. The compromise of the security and confidentiality of records containing

information related to the Kelleys’ report of cyberstalking and resulting investigation, as well as

information naming individuals in relation to an investigation into adulterous activity by a high

profile national figure, reasonably foreseeably can result, and indeed did directly and

proximately result, in substantial harm, embarrassment, inconvenience, and/or unfairness to the

Kelleys.

163.

As a direct and proximate result of the Defendants’ failure to establish safeguards

to ensure the security and confidentiality of the records and protect against anticipated threats or

hazards to their security or integrity, the Kelleys were denied access to victim assistance

programs, and rather than be treated as the victims of a crime, were converted into the subject of

an investigation.

164. The Defendants’ failure to establish safeguards to ensure the security and

confidentiality of the records and protect against anticipated threats or hazards to their security or

integrity inflicted such direct and proximate damage on the Kelleys as expanding the intrusion



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into the Kelleys’ privacy; painting the Kelleys in a damaging false light; making Mrs. Jill Kelley

an object of ridicule, moral opprobrium, scorn, and derision, causing her, her husband, and her

three young children shame, public notoriety, egregious loss of privacy, and security; costing

Mrs. Kelley public respect, positions of trust and responsibility, and significant lost financial,

business, and investment opportunities; and also costing Dr. Kelley extensive financial losses.

165. The actions of FBI, DOD and the United States, as well as, and their employees

and officers violated § 552a(e)(10), with adverse effects to the Kelleys, and gives rise to claims

pursuant to §552a(g)(1)(D).

166. Upon information and belief, the FBI, DOD and the United States, as well as their

employees and officers knew or should have known that their actions were improper, unlawful,

and/or in violation of the Privacy Act.

167. Upon information and belief, the FBI, DOD and the United States, as well as their

employees and officers acted intentionally and/or willfully in violation of the Kelleys’ privacy

rights.

168. As a direct and proximate result of Defendants’ violations of the Privacy Act,

Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss of

reputation, revocation of a consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.



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SEVENTH CAUSE OF ACTION

AGAINST DEFENDANTS FBI, DOD AND THE UNITED STATES





STORED COMMUNICATION ACT – IMPROPER DISCLOSURES


169. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

168 above, inclusive.

170. Upon information and belief, records held by FBI and the United States related to

the Kelleys included information from the Kelleys’ stored electronic communications obtained

by the FBI and/or other officers, agents or employees of the United States through an

investigative or law enforcement officer, or a governmental entity, pursuant to 18 U.S.C. § 2703,

or from a device installed pursuant to 18 U.S.C. § 3123 or 18 U.S.C. § 3125 or by other legal

authority or without legal authority.

171. Anonymous leaks to the press of information in records protected by the Privacy

Act are not disclosures made pursuant to the proper performance of governmental entity or

officers official functions.

172. Upon information and belief, the actions of the FBI and their employees and

officers give rise to a violation of the Stored Communications act under 18 U.S.C. § 2707(g),

which prohibits willful disclosure of a record obtained by an investigative or law enforcement

officer where such disclosure is not made in the proper performance of the official functions of

the officer or governmental entity making the disclosure.

173. Upon information and belief, the FBI, and their employees and officers acted

willfully in violation of the Kelleys’ privacy rights.

174. As a direct and proximate result of Defendants’ violations of the Stored

Communications Act, Plaintiffs have suffered grave injury, including but not limited to



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emotional trauma, loss of reputation, revocation of a potentially lifelong consular appointment,

lost or jeopardized present and future financial opportunities, public relations and attorneys fees,

costs associated with threats to their personal security, and permanent association with a national

sex scandal based on an affair involving neither Dr. nor Mrs. Kelley.

EIGHTH CAUSE OF ACTION

AGAINST JOHN AND JANE DOE DEFENDANTS





BIVENS CLAIM FOR VIOLATION OF FOURTH AMENDMENT RIGHTS

PROHIBITING UNREASONABLE SEARCHES


175. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

174 above, inclusive.

176. Upon information and belief, the United States accessed and searched the

Kelleys’ emails beyond the scope for which the government had probable cause or proper

judicial approval to search.

177. The Kelleys had a reasonable expectation of privacy in their personal emails that

is protected by the U.S. Constitution’s Fourth Amendment’s guarantee of “[t]he right of the

people to be secure in their persons, houses, papers, and effects, against unreasonable searches.”
178. Some of these searches concerned information that is not then collected and

maintained as a record in a system of governmental records.

179.

John and Jane Doe Defendants’ search of the Kelleys’ emails beyond the scope of

what the government had probable cause or proper judicial approval to search was not

reasonable, and the Kelleys’ right to be free of such unreasonable searches was sufficiently

established that John and Jane Doe Defendants knew or should have known that such a search

would violate the Kelleys’ constitutional rights. John and Jane Doe Defendants’ conduct



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“violated clearly established statutory or constitutional rights of which a reasonable person

would have known.”21

180.

John and Jane Doe Defendants’ misconduct was undertaken under color of federal

law.

181. The John and Jane Doe Defendants acted intentionally and/or willfully in

violation of the Kelleys’ privacy rights.

182.

John and Jane Doe Defendants’ search of the Kelleys’ emails beyond the scope

for which the government had probable cause or judicial approval to search violated their Fourth

Amendment rights, and gives rise to a claim under the U.S. Constitution pursuant to Bivens v. Six

Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), permitting

plaintiffs to bring a civil rights suit against federal officials in their individual capacity for

damages directly and proximately caused by constitutional torts under color of their authority.

183. As a result of John and Jane Doe Defendants’ violations of the Kelleys’ Fourth

Amendment rights against unreasonable searches, Plaintiffs have suffered grave injury, including

but not limited to emotional trauma, violations of their privacy, and attorneys’ fees.

NINTH CAUSE OF ACTION

AGAINST JOHN AND JANE DOE DEFENDANTS







BIVENS CLAIM FOR VIOLATION OF FIFTH AMENDMENT RIGHTS TO DUE

PROCESS, INLUDING EQUAL PROTECTION UNDER THE LAW

184. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

183 above, inclusive.


21 Pearson v. Callahan, 555 U.S. 223, 231 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800,

818 (1982)).



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185.

John and Jane Doe Defendants treated Mrs. Kelley differently than male victims

in investigating her reports of threatening and criminal actions of the cyberstalker by failing to

provide her with victims’ assistance service and engaging in a “blame the victim” strategy to turn

her into the titillating subject of an investigation, rather than treating her as the innocent victim

she is.

186. As part of this “blame the victim” strategy, John and Jane Doe Defendants

engaged in a malicious, intentional characterization of Mrs. Kelley as the sexualized “other

woman,” and failed to protect, and indeed violated, her privacy rights as they focused their

investigation on her in search of salacious information.

187.

John and Jane Doe Defendants’ misconduct was undertaken under color of federal

law.

188.

John and Jane Doe Defendants acted with purpose and intent to discriminate

against Mrs. Kelley on the basis of her gender.

189.

John and Jane Doe Defendants’ actions to discriminate against Mrs. Kelley on the

basis of sex were not reasonable, and Mrs. Kelley’s right to be free of sex discrimination was

sufficiently established that John and Jane Doe Defendants knew or should have known that their

conduct would violate Mrs. Kelley’s constitutional rights. Their conduct “violated clearly

established statutory or constitutional rights of which a reasonable person would have known.”22
190. The John and Jane Doe Defendants acted intentionally and/or willfully in

violation of Mrs. Kelley’s Fifth Amendment right to equal protection of the law.


22 Pearson v. Callahan, 555 U.S. 223, 231 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800,

818 (1982)).



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191.

John and Jane Doe Defendants discrimination against Mrs. Kelley on the basis of

sex violated her Fifth Amendment rights to due process, which includes equal protection of the

laws,23 and gives rise to a claim under the U.S. Constitution pursuant to Bivens v. Six Unknown

Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), permitting plaintiffs to

bring a civil rights suit against federal officials in their individual capacity for damages directly

and proximately caused by constitutional torts under color of their authority. See also Davis v.

Passman, 442 U.S. 228 (1979) (extending Bivens suits for damages to the Fifth Amendment in

the context of gender discrimination).

192. As a result of John and Jane Doe Defendants’ violations of Mrs. Kelley’s Fifth

Amendment rights, Mrs. Kelley as well as her husband, Dr. Kelley, have suffered grave injury,

including but not limited to emotional trauma, loss of reputation, revocation of a consular

appointment, lost or jeopardized present and future financial opportunities, public relations and

attorneys fees, costs associated with threats to her personal security, and permanent association

with a national sex scandal based on an affair in which she had no involvement.

TENTH CAUSE OF ACTION, IN THE ALTERNATIVE

AGAINST JOHN AND JANE DOE DEFENDANTS

DEFAMATION

193. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

192 above, inclusive.

194. Upon information and belief, John Doe Defendants made false and defamatory

statements concerning the Kelleys, including statements that Jill Kelley was involved in extra-

marital affairs, that Jill Kelley had engaged in tens of thousands of emails with General Allen,


23 Bolling v. Sharpe, 347 U.S. 497 (1954).



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and that the Kelleys were responsible for the downfall of numerous high ranking military

officials.

195. Upon information and belief, John and Jane Doe Defendants made such false and

defamatory statements without privilege to a third party.

196. As evidenced by their actions to preserve anonymity as they leaked the false and

defamatory statements and upon information and belief, John and Jane Doe Defendants acted

intentionally and/or willfully, but at least with negligence, in making such false and defamatory

statements.

197. Upon information and belief, to the extent that these false and defamatory leaks

were not authorized by the agencies such that the Defendants were acting outside the scope of

their authority, the actions of John and Jane Doe Defendants give rise to a claim for common law

defamation.

198. As a direct and proximate result of John and Jane Doe Defendants’ making and

causing to be published such false and defamatory statements, Plaintiffs have suffered grave

injury, including but not limited to emotional trauma, loss of reputation, revocation of a

potentially lifelong consular appointment, lost or jeopardized present and future financial

opportunities, public relations and attorneys fees, costs associated with threats to their personal

security, and permanent association with a national sex scandal based on an affair involving

neither Dr. nor Mrs. Kelley.



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ELEVENTH CAUSE OF ACTION, IN THE ALTERNATIVE

AGAINST JOHN AND JANE DOE DEFENDANTS

FALSE LIGHT

199. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

198 above, inclusive.

200. Upon information and belief, John Doe Defendants published, publicized or

otherwise gave publicity to false statements, representations or imputations of or concerning the

Kelleys by anonymously leaking such information to media members or other third parties.

201. Plaintiffs did not consent

to

the publication of such false statements,

representations or imputations about themselves.

202. The publication of such false statements, representations or imputations placed

the Kelleys in a false light that would be offensive to an ordinary, reasonable person.

203. Upon information and belief, the John Doe Defendants acted intentionally and/or

willfully to place the Kelleys in a false light.

204. Upon information and belief, to the extent that such actions were not authorized

by the agencies such that the Defendants were acting outside the scope of their authority, the

actions of John and Jane Doe Defendants give rise to a claim for the common law tort of false

light.

205. As a direct and proximate result of John and Jane Doe Defendants’ placing

Plaintiffs in a false light, Plaintiffs have suffered grave injury, including but not limited to

emotional trauma, loss of reputation, revocation of a potentially lifelong consular appointment,

lost or jeopardized present and future financial opportunities, public relations and attorneys fees,



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costs associated with threats to their personal security, and permanent association with a national

sex scandal based on an affair involving neither Dr. nor Mrs. Kelley.

TWELFTH CAUSE OF ACTION, IN THE ALTERNATIVE

AGAINST JOHN AND JANE DOE DEFENDANTS

INTRUSION UPON SECLUSION


206. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

205 above, inclusive.

207. Upon information and belief, John Doe Defendants used some form of

investigation or examination to physically intrude into the Kelley’s private or secret concerns,

including personal communications, financial, business and family affairs, and personal

relationships that were not in any way relevant to the investigation of the Kelleys’ report of

threatening and criminal actions of the cyber stalker, or of any other appropriate or legally

authorized investigation or examination.

208. Plaintiffs did not consent to the investigation or examination and intrusion into

their private or secret concerns unrelated to their report of threatening and criminal actions of the

cyberstalker, nor consent to the investigation or examination of the contents of any personal

communications other than those provided directly to law enforcement.

209. The investigation or examination into the Kelleys’ private or secret concerns

would be highly offensive to an ordinary, reasonable person.

210. Upon information and belief, the John Doe Defendants acted intentionally and/or

willfully in violation of the Kelleys’ privacy rights.

211. Upon information and belief, to the extent that such actions were not authorized

by the agencies such that the Defendants were acting outside the scope of their authority, the



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actions of John and Jane Doe Defendants give rise to a claim for the common law tort of

intrusion upon seclusion.

212. As a direct and proximate result of Defendant’s violations of the Plaintiffs’

privacy, Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss

of reputation, revocation of a potentially lifelong consular appointment, lost or jeopardized

present and future financial opportunities, public relations and attorneys fees, costs associated

with threats to their personal security, and permanent association with a national sex scandal

based on an affair involving neither Dr. nor Mrs. Kelley.

THIRTEENTH CAUSE OF ACTION, IN THE ALTERNATIVE

AGAINST JOHN AND JANE DOE DEFENDANTS

PUBLICATION OF PRIVATE FACTS


213. Plaintiffs repeat and reallege the allegations continued in paragraphs 1 through

212 above, inclusive.

214. Upon information and belief, John Doe Defendants published, publicized or

otherwise gave publicity to Plaintiff’s private lives by anonymously leaking private facts such as

Plaintiff’s personal contact information, personal correspondence, personal relationships,

personal financial concerns, family matters and confidential

information about

their

victimization from a cyber stalker to media members or other third parties so that it would be

substantially certain to become one of public knowledge.

215. Plaintiffs did not consent to the publication of facts about their private lives.

216. The publication of facts about the Kelley’s private lives would be highly offensive

to an ordinary, reasonable person.



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217. The publication of facts about the Kelleys’ private lives that were not relevant to

the investigation of criminal activity, nor of any relevance to a national sex scandal based on an

affair involving neither Dr. nor Mrs. Kelley, are not of legitimate concern to the public.

218. The John Doe Defendants acted intentionally and/or willfully in violation of the

Kelley’s privacy rights.

219. Upon information and belief, to the extent that such actions were not authorized

by the agencies such that the Defendants were acting outside the scope of their authority, the

actions of John and Jane Doe Defendants give rise to a claim for the common law tort of

publication of private facts.

220. As a direct and proximate result of Defendant’s violations of the Plaintiffs’

privacy, Plaintiffs have suffered grave injury, including but not limited to emotional trauma, loss

of reputation, revocation of a potentially lifelong consular appointment, lost or jeopardized

present and future financial opportunities, public relations and attorneys fees, costs associated

with threats to their personal security, and permanent association with a national sex scandal

based on an affair involving neither Dr. nor Mrs. Kelley.

JURY DEMAND



Plaintiffs request trial by jury on all counts that may be heard by a jury.

REQUESTED RELIEF



WHEREFORE, Plaintiffs respectfully pray that this Court grant the following

relief:

A.

order Defendants to issue a formal apology to Dr. and Mrs. Kelley for the

violations of their privacy and dignity;



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B.

award damages equal to actual and statutory damages sustained by the Kelleys

under the Privacy Act pursuant to § 552a(g)(4)(a);

C.

D.

award Plaintiffs compensatory and consequential damages as proven at trial;

award Plaintiffs punitive and exemplary damages as the Court may deem just and

proper to deter such future egregious conduct;

E.

order preliminary and permanent injunctive relief as appropriate to prevent further

violations of Plaintiffs’ rights under the Fourth and Fifth Amendments to the U.S. Constitution;

F.

at the conclusion of this action, order that the FBI and DOD provide the Kelleys

with a specific accounting of all information gathered about them – whether or not stored in a

system of records – and the dissemination and use of each such piece of information within and

outside of the government, as well as a statement that any such information that was gathered

without legal authority or which is now no longer needed for a legitimate governmental purpose

be destroyed;

G.

direct that all officer, employees, and agents of the United States who have

violated the Privacy Act with respect to this matter be referred for appropriate military,

professional and/or administrative discipline;

H.

declare that Defendant FBI has violated 18 U.S.C. § 2707(g) of the Stored

Communications Act, and that the circumstances surrounding the violation raise serious

questions about whether or not an officer or employee of the United States acted willfully or

intentionally with respect to the violation, and order the Attorney General, the Director of the

FBI, and Secretary of Defense to promptly initiate a proceeding to determine whether

disciplinary action against the officer or employee is warranted pursuant to 18 U.S.C. § 2707(d);



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