FORT LAUDERDALE — The children of deceased Magistrate Judge Ted Klein have filed a complaint in Miami federal court. 

There accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.

The complaint asks U.S. District Judge Alan Gold to declare GSA — an arm of the federal government — in violation of FOIA and order the agency to provide requested records to the plaintiffs.

The complaint was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of Andrew and Jennifer Klein.

Popular federal magistate judge Ted Klein — who worked in the Dyer building for many years — died in 2006 suddenly of a mysterious pulmonary illness. Klein's children hired Goldfarb after reading an article in the Daily Business Review, an affiliate of The National Law Journal, about a report citing large amounts of mold and unsafe conditions in parts of the Dyer building.

The article also cited a memo sent by U.S. District Judge Federico Moreno in which he advises all employees of the building to bring the report to their doctors and orders anyone entering the building's basement — where the most mold was found — to wear protective gear, gloves and masks.

Several employees of the building, which houses Miami's magistrate court, have reported nosebleeds, double pneumonia and other illnesses, and at least two have been given permission to work at home.

Goldfarb, who was retained by Klein's children several months ago, filed the complaint after receiving "deficient" responses from GSA to several FOIA requests for information related to mold conditions at the Dyer Building.

His first request was made on Oct. 26, 2007. GSA finally provided some limited documents Dec. 27, according to the complaint.

Of the 42 items requested by Goldfarb, GSA supplied parts of 13. For the remaining items, GSA stated it "did not find records pertaining to your request."

"Plaintiffs have information and belief that there are multiple studies, tests, complaints, electronic mail correspondence, letters, memoranda and other documentary evidence regarding mold infestation and/or mold inspection in the Federal Courthouse," states the complaint. "However, none of these documents were included in the response from GSA. By its actions, GSA has made a constructive denial of Plaintiff's request by failing to do a full search, by failing to provide requested records, and by withholding documents."

Gary M. Mote, a public affairs officer with the GSA, declined comment on the litigation.
 
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