Case: Salah v. U.S. Department of Treasury

1:12-cv-07067 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 5, 2012

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 5, 2012, an individual U.S. citizen residing in Illinois, the American Friends Service Committee, and the Arab-American Anti-Discrimination League filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Treasury. The plaintiffs, represented by public interest and private counsel, asked the court for a declaration that the defendants' designation of the individual plaintiff as a "specially designated terrorist" was unlawful an…

On September 5, 2012, an individual U.S. citizen residing in Illinois, the American Friends Service Committee, and the Arab-American Anti-Discrimination League filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Treasury. The plaintiffs, represented by public interest and private counsel, asked the court for a declaration that the defendants' designation of the individual plaintiff as a "specially designated terrorist" was unlawful and an injunction against its continued application, claiming that the defendants' decision to use such a designation violated the Constitution and federal statutes. Specifically, the individual plaintiff claimed that the defendants' decision on July 24, 1995, to designate him as a "specially designated terrorist" was without any due process or probable cause of criminal wrongdoing, and under restrictions so severe that they prevent him carrying out basic life activities. The two organizational plaintiffs claimed that the designation violated their First Amendment rights because it prevented them from meaningfully advocating in coordination with the individual plaintiff against the unfairness of that designation.

On November 5, 2012, the federal government removed the individual Plaintiff's name from the Specially Designated Terrorist List. The defendants' did not answer or otherwise respond to the plaintiffs' complaint. On November 16, 2012, the plaintiffs' voluntarily dismissed their lawsuit without prejudice.

Summary Authors

Michael Mirdamadi (10/26/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13004378/parties/salah-v-united-states-department-of-treasury/


Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Badlani, Chirag (Illinois)

Cole, David (District of Columbia)

Deutsch, Michael (Illinois)

Piers, Matthew J. (Illinois)

Susler, Janis M. (Illinois)

Attorneys(s) for Defendant

Risner, Scott (District of Columbia)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Badlani, Chirag (Illinois)

Cole, David (District of Columbia)

Deutsch, Michael (Illinois)

Piers, Matthew J. (Illinois)

Susler, Janis M. (Illinois)

Attorneys(s) for Defendant

Risner, Scott (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-07067

Docket

Salah v. United States Department of Treasury

Nov. 16, 2012

Nov. 16, 2012

Docket
1

1:12-cv-07067

Complaint

Salah v.United States Department of the Treasury

Sept. 5, 2012

Sept. 5, 2012

Complaint
16

1:12-cv-07067

Notice of Voluntary Dismissal

Salah v. United States Department of the Treasury

U.S. District Court for the Southern District of Illinois

Nov. 16, 2012

Nov. 16, 2012

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13004378/salah-v-united-states-department-of-treasury/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Muhammad Salah, American-Arab Anti-Discrimination Committee, American Friends Service Committee; Filing fee $ 350, receipt number 0752-7517408. (Attachments: # 1 Exhibit A through E)(Piers, Matthew) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

Clearinghouse
2

CIVIL Cover Sheet (Piers, Matthew) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
3

ATTORNEY Appearance for Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah by Matthew J. Piers (Piers, Matthew) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
4

ATTORNEY Appearance for Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah by Chirag Gopal Badlani (Badlani, Chirag) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (daj, )

Sept. 5, 2012

Sept. 5, 2012

PACER
5

ATTORNEY Appearance for Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah by Janis M. Susler (Susler, Janis) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER

SUMMONS Issued as to Timothy F. Geithner, Adam Szubin, United States Department of Treasury, U.S. Attorney, and U.S. Attorney General. (et, )

Sept. 5, 2012

Sept. 5, 2012

PACER
6

ATTORNEY Appearance for Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah by Michael Edward Deutsch (Deutsch, Michael) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
7

SUMMONS Returned Executed by Muhammad Salah, American-Arab Anti-Discrimination Committee, American Friends Service Committee as to United States Department of Treasury served on 9/10/2012, answer due 11/9/2012 (Badlani, Chirag) Modified on 9/20/2012 (np, ). (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
8

SUMMONS Returned Executed by Muhammad Salah, American-Arab Anti-Discrimination Committee, American Friends Service Committee as to Timothy F. Geithner served on 9/11/2012, answer due 11/13/2012 (Badlani, Chirag) Modified on 9/20/2012 (np, ). (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
9

SUMMONS Returned Executed by Muhammad Salah, American-Arab Anti-Discrimination Committee, American Friends Service Committee as to Adam Szubin served on 9/10/2012, answer due 11/13/2012 (Badlani, Chirag) Modified on 9/20/2012 (np, ). (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
10

AFFIDAVIT of Service filed by Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah regarding Complaint and Summons served on United States Attorney on 09/07/2012 (Badlani, Chirag) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
11

AFFIDAVIT of Service filed by Plaintiffs American Friends Service Committee, American-Arab Anti-Discrimination Committee, Muhammad Salah regarding Complaint and Summons served on Attorney General of the United States on 09/10/2012 (Badlani, Chirag) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
12

ATTORNEY Appearance for Defendants Timothy F. Geithner, Adam Szubin, United States Department of Treasury by Scott Andrew Risner (Risner, Scott) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
13

MOTION by Defendants Timothy F. Geithner, Adam Szubin, United States Department of Treasury for extension of time to file answer regarding complaint 1 (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
14

NOTICE of Motion by Scott Andrew Risner for presentment of motion for extension of time to file answer, motion for relief 13 before Honorable John J. Tharp Jr. on 11/13/2012 at 09:30 AM. (Risner, Scott) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
15

MINUTE entry before Honorable John J. Tharp, Jr: Defendants' unopposed motion to extend the time for responding to the complaint 13 is granted. No appearance on the motion is required. Defendants' responsive pleading is due on 11/20/12. Mailed notice (air, ) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
16

NOTICE of Voluntary Dismissal by All Plaintiffs (Piers, Matthew) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
17

MINUTE entry before Honorable John J. Tharp, Jr: Upon the plaintiffs' notice of voluntary dismissal, and pursuant to FRCP 41(a)(1)(a)(i), this case is terminated. Mailed notice (air, ) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER

Case Details

State / Territory: Illinois

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2012

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual citizen and resident of the United States and the State of Illinois as well as two organizations that sought to advocate for the individual.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Treasury (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Terrorism/Post 9-11 issues

Type of Facility:

Government-run