Civil Rights Litigation Clearinghouse

Case: House v. Napolitano

1:11-cv-10852 | U.S. District Court for the District of Massachusetts

Filed Date: May 13, 2011

Closed Date: 2013

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Case Summary

On May 13, 2011, David House, a U.S. citizen, filed a lawsuit in the U.S. District Court for the District of Massachusetts under the First and Fourth Amendments to the U.S. Constitution against the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, and the U.S. Immigration and Customs Enforcement. House, represented by counsel from the American Civil Liberties Union, asked the court for declaratory and injunctive relief, claiming that federal agents' search of his ele…

Specifically, House claimed that the government seized his electronic devices, including his laptop computer, at the border when he was coming home from vacation. The plaintiff claimed that the government targeted the plaintiff solely on the basis of his lawful association with the Bradley Manning Support Network, an organization created to raise funds and support for the legal defense of Pfc. Bradley Manning (now Chelsea Manning, after a name change), a soldier charged with leaking a video and documents relating to the wars in Iraq and Afghanistan to the WikiLeaks website. The government then kept the devices for forty-nine days, retained the information from them indefinitely, and disseminated the information to other government agencies and possibly foreign governments. In addition, the materials seized by the government contained confidential information identifying members and supporters of the Bradley Manning Support Network, and that the defendants' review, retention, and disclosure of that information intruded on the right of associational privacy protected by the First Amendment. According to an ACLU press release, the search and seizure of the plaintiff's laptop had a chilling effect on the activities of the Bradley Manning Support Network, by "silencing once-outspoken supports and causing donors to retreat."

On July 28, 2011, the defendants filed a motion to dismiss or in the alternative for summary judgment. The defendants argued that there was no basis for the Court to conclude that searches of electronic devices at the border should be subjected to a different standard than that for other closed containers. The defendants also argued that there was no basis for the Court to conclude that the plaintiff's First Amendment rights were violated by the routine search and detention of his devices at the border. Finally, the defendants argued that the plaintiff's "associational privacy" claims should be dismissed, because the government is not prohibited from examining any items at the border simply because they may be related to the work of an organization; nor, the government argued, were there any factual allegations showing how Plaintiff's organization has been targeted by the government, or that the routine search of Plaintiff's electronic devices disclosure may impede the future activities of the organization.

On March 28, 2012, Judge Denise J. Casper denied the U.S.'s motion to dismiss. The court ruled that even if the government does not need suspicion or a warrant to search a laptop at the border, that power is not unlimited and First Amendment rights remain intact. House v. Napolitano, 11-10852-DJC, 2012 WL 1038816 (D. Mass. Mar. 28, 2012).

On May 23, 2013, the matter settled. All of the parties stipulated to dismissal with prejudice with each party bearing his or her own costs, expenses, and attorneys' fees. The government agreed to destroy all copies of the plaintiff's devices and to turn over documents related to its investigation of him and his devices. The government also admitted that the plaintiff was on the Department of Homeland Security's "Lookout" list used by agents at border checkpoints, which is why he was stopped and searched in the first place. The government further agreed to release reports on DHS agents' questioning of House, which included inquiries about whether he knew anything about Manning giving classified information to WikiLeaks.

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Summary Authors

Jessica Kincaid (6/21/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4274263/parties/house-v-napolitano/

Judge(s)

Casper, Denise Jefferson (Massachusetts)

Attorneys(s) for Plaintiff

Crump, Catherine (New York)

House, David E (District of Columbia)

Reinstein, John (Massachusetts)

Rotolo, Laura (Massachusetts)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Edney, Marsha S. (District of Columbia)

Kelleher, Diane (District of Columbia)

Judge(s)

Casper, Denise Jefferson (Massachusetts)

Attorneys(s) for Plaintiff

Crump, Catherine (New York)

House, David E (District of Columbia)

Reinstein, John (Massachusetts)

Rotolo, Laura (Massachusetts)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Edney, Marsha S. (District of Columbia)

Kelleher, Diane (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	May 23, 2013	Docket
1	Complaint	May 13, 2011	Complaint
24	Memorandum and Order 2012 WL 1038816	March 28, 2012	Order/Opinion
	Settlement Agreement	May 20, 2013	Settlement Agreement
44	Stipulation of Dismissal	May 23, 2013	Settlement Agreement

Resources

Title	Description		External URL
House v. Napolitano ACLU	In May 2011, the American Civil Liberties Union and the ACLU of Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging the suspicionless search and sei…	Sept. 9, 2013	https://www.aclu.org/...
House v. Napolitano, et al United States Courts	On May 13, 2011, plaintiff David House filed a complaint for violation of his civil rights in the United States District Court for the District of Massachusetts against Janet Napolitano, Secretary of…	Dec. 20, 2011	https://www.uscourts.gov/...
Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives Margo Schlanger	Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a…	June 26, 2014	http://justsecurity.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4274263/house-v-napolitano/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against All Plaintiffs Filing fee: $ 350, receipt number 0101-3403625 (Fee Status: Filing Fee paid), filed by David House. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Category Sheet)(Reinstein, John) (Entered: 05/13/2011) 1 Civil Cover Sheet View on RECAP 2 Civil Cover Sheet Category Sheet View on RECAP	May 13, 2011	RECAP
	ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly)	May 13, 2011	PACER
2	Summons Issued as to Alan Bersin, John T. Morton, Janet Napolitano. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Attachments: # 1 Notice of Summons) (York, Steve) (Entered: 05/13/2011) 1 Notice of Summons View on PACER	May 13, 2011	PACER
3	MOTION for Leave to Appear Pro Hac Vice for admission of Catherine Crump Filing fee: $ 50, receipt number 0101-3404557 by David House. (Attachments: # 1 Affidavit of Catherine Crump)(Reinstein, John) (Entered: 05/13/2011) 1 Affidavit of Catherine Crump View on PACER	May 13, 2011	PACER
4	AFFIDAVIT OF SERVICE Executed by David House. Janet Napolitano served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)	May 19, 2011	PACER
5	AFFIDAVIT OF SERVICE Executed by David House. Alan Bersin served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)	May 19, 2011	PACER
6	AFFIDAVIT OF SERVICE Executed by David House. John T. Morton served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)	May 19, 2011	PACER
	Set/Reset Answer Deadlines for All Defendants. Answers due 7/13/2011. (Gaudet, Jennifer)	May 24, 2011	PACER
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Catherine Crump. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gaudet, Jennifer)	June 1, 2011	PACER
7	NOTICE of Appearance by Barbara Healy Smith on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Healy Smith, Barbara) (Entered: 07/05/2011)	July 5, 2011	PACER
8	Joint MOTION to Enter Briefing Schedule by Alan Bersin, John T. Morton, Janet Napolitano. (Attachments: # 1 Text of Proposed Order)(Healy Smith, Barbara) (Entered: 07/05/2011) 1 Text of Proposed Order View on PACER	July 5, 2011	PACER
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 8 Joint Motion to Enter Briefing Schedule by Alan Bersin, John T. Morton, Janet Napolitano. Defts.' motion in response to complaint due 7/28/2011; pltf.'s opp due 8/31/2011; defts.' reply brief due 9/14/2011 and defts.' sur-reply due 9/28/2011. (Gaudet, Jennifer)	July 6, 2011	PACER
9	NOTICE of Appearance by Diane Kelleher on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Kelleher, Diane) (Entered: 07/13/2011)	July 13, 2011	PACER
10	MOTION to Dismiss or in the Alternative for Summary Judgment by Alan Bersin, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 07/28/2011)	July 28, 2011	RECAP
11	MEMORANDUM in Support re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. (Kelleher, Diane) (Entered: 07/28/2011)	July 28, 2011	RECAP
12	STATEMENT of facts re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. (Attachments: # 1 Exhibit Exhibits to Defendants' LR 56.1 Statement)(Kelleher, Diane) (Entered: 07/28/2011) 1 Exhibit Exhibits to Defendants' LR 56.1 Statement View on PACER	July 28, 2011	RECAP
13	MOTION for Extension of Time to 09/14/11 to File Response/Reply as to 10 MOTION to Dismiss or in the Alternative for Summary Judgment by David House. (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 08/17/2011) 1 Text of Proposed Order View on PACER	Aug. 17, 2011	PACER
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 13 Unopposed Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. Responses due by 9/14/2011. "Granted to this extent counsel must seek leave of Court to file reply and sur-reply." (Gaudet, Jennifer)	Aug. 24, 2011	PACER
14	MOTION for Extension of Time to 09/21/2011 to File Response/Reply as to 10 MOTION to Dismiss or in the Alternative for Summary Judgment by David House. (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 09/09/2011) 1 Text of Proposed Order View on PACER	Sept. 9, 2011	PACER
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 14 Unopposed Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. Responses due by 9/21/2011. (Gaudet, Jennifer)	Sept. 12, 2011	PACER
15	Opposition re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)	Sept. 21, 2011	RECAP
16	MEMORANDUM in Opposition re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)	Sept. 21, 2011	RECAP
17	Statement of Material Facts L.R. 56.1 re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)	Sept. 21, 2011	PACER
18	MOTION to Withdraw as Attorney by David House.(De Vincentis, Alexia) (Entered: 09/30/2011)	Sept. 30, 2011	RECAP
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 18 Motion to Withdraw as Attorney. Attorney Alexia R. De Vincentis terminated. (Gaudet, Jennifer)	Oct. 3, 2011	PACER
	ELECTRONIC NOTICE Setting Hearing on Motion 10 MOTION to Dismiss or in the Alternative for Summary Judgment : Motion Hearing set for 12/20/2011 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)	Oct. 11, 2011	PACER
19	MOTION for Leave to File Reply Brief in Response to Plaintiff's Opposition (Unopposed) by Alan Bersin, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit Defendants' Reply Brief)(Kelleher, Diane) (Entered: 10/27/2011) 1 Exhibit Defendants' Reply Brief View on PACER	Oct. 27, 2011	PACER
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 19 Unopposed Motion for Leave to File a Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer)	Oct. 28, 2011	PACER
20	REPLY to Response to 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. (Kelleher, Diane) (Entered: 10/28/2011)	Oct. 28, 2011	RECAP
	ELECTRONIC NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. (Re: motion to dismiss or in the alternative for summary judgment scheduled for 11/20/11) (Hourihan, Lisa)	Nov. 15, 2011	PACER
	CORRECTED ELECTRONIC NOTICE TO COUNSEL re: Cameras in the Courtroom Project. (TO REFLECT PROPER HEARING DATE) The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. (Re: motion to dismiss or in the alternative for summary judgment scheduled for 12/20/11) (Hourihan, Lisa)	Nov. 15, 2011	PACER
21	MOTION for Leave to File Surreply by David House. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Affidavit Declaration of Alexander Stamos)(Crump, Catherine) (Entered: 12/05/2011) 1 Exhibit Proposed Surreply View on PACER 2 Affidavit Declaration of Alexander Stamos View on PACER	Dec. 5, 2011	RECAP
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Surreply in Opposition to Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer)	Dec. 6, 2011	PACER
22	SUR-REPLY to Motion re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Attachments: # 1 Affidavit Declaration of Alexander Stamos)(Crump, Catherine) (Entered: 12/06/2011) 1 Affidavit Declaration of Alexander Stamos View on RECAP	Dec. 6, 2011	RECAP
	ELECTRONIC NOTICE of Hearing. Telephone Conference set for 12/9/2011 10:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)	Dec. 9, 2011	PACER
	ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Telephone Conference held on 12/9/2011. Discussion on cameras in the courtroom pilot project and the procedures. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Catherine Crump and John Reinstein for theplaintiff. Diane Kelliher and Rosemary Connelly for the Government.) (Hourihan, Lisa)	Dec. 9, 2011	PACER
	ELECTRONIC NOTICE Resetting Hearing on Motion 10 MOTION to Dismiss or in the Alternative for Summary Judgment : Motion Hearing set for 12/20/2011 02:00 PM in Courtroom 2 before Judge Denise J. Casper. (NOTE: change in courtroom only)(Hourihan, Lisa)	Dec. 9, 2011	PACER
	ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 12/20/2011 re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. Arguments. Court takes under advisement 10 Motion to Dismiss; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Catherine Crimp and John Reinstein for the plaintiff. Diane Kelleher, Sandra Schraibman and Paul McClusky for the defendants.) (Hourihan, Lisa)	Dec. 20, 2011	PACER
23	NOTICE by Alan Bersin, John T. Morton, Janet Napolitano (Attachments: # 1 Exhibit Cotterman En Banc Order)(Kelleher, Diane) (Entered: 03/26/2012) 1 Exhibit Cotterman En Banc Order View on RECAP	March 26, 2012	RECAP
24	Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - denying Defendants' motion to dismiss. (Maynard, Timothy) (Entered: 03/28/2012)	March 28, 2012	RECAP
25	NOTICE of Scheduling Conference Scheduling Conference set for 5/7/2012 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/28/2012)	March 28, 2012	RECAP
26	Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 03/28/2012)	March 28, 2012	RECAP
27	MOTION for Extension of Time to Answer the Complaint, MOTION for Extension of Time to File Answer ( Responses due by 4/16/2012) by Alan Bersin, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 04/02/2012)	April 2, 2012	RECAP
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time; granting 27 Motion for Extension of Time to Answer re 1 Complaint Alan Bersin answer due 4/27/2012; John T. Morton answer due 4/27/2012; Janet Napolitano answer due 4/27/2012. (Maynard, Timothy)	April 3, 2012	PACER
28	Joint MOTION for Extension of Time to Reschedule Scheduling Conference to June 18, 2012 by Alan Bersin, David House, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 04/10/2012)	April 10, 2012	RECAP
	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 28 Motion for Extension of Time Scheduling Conference set for 6/18/2012 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy)	April 11, 2012	PACER
29	NOTICE of Appearance by Amy E. Powell on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Powell, Amy) (Entered: 04/27/2012)	April 27, 2012	PACER
30	ANSWER to 1 Complaint by Alan Bersin, John T. Morton, Janet Napolitano.(Powell, Amy) (Entered: 04/27/2012)	April 27, 2012	RECAP
31	JOINT STATEMENT of counsel Pursuant to Local Rule 16.1(D). (Kelleher, Diane) (Entered: 06/11/2012)	June 11, 2012	RECAP
32	CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Kelleher, Diane) (Entered: 06/12/2012)	June 12, 2012	RECAP
33	CERTIFICATION pursuant to Local Rule 16.1 . (Reinstein, John) (Entered: 06/13/2012)	June 13, 2012	RECAP
34	ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 6/18/2012 04:00 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy) (Entered: 06/18/2012)	June 18, 2012	PACER
35	ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 6/18/2012, Initial disclosures due by 6/29/12. Amended Pleadings due by 8/29/2012. Fact discovery due by 3/15/13. Plaintiff's expert disclosure due by 4/15/13. Defendants' expert disclosure due by 5/15/13. Expert discovery to be completed by 6/14/2013. Summary Judgment Motions due by 7/15/2013. Opposition and/or cross motion for summary judgment due by 8/15/13. Status Conference set for 3/18/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper(Court Reporter: Catherine Handel at 617-261-0555.)(Attorneys present: Catherine Crump and John Reinstein for the plaintiff. Diane Kelliher for the defendants.) (Hourihan, Lisa) (Entered: 06/19/2012)	June 18, 2012	PACER
36	Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) (Entered: 06/19/2012)	June 19, 2012	PACER
37	NOTICE of Appearance by Jennifer A. Serafyn on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Serafyn, Jennifer) (Entered: 01/11/2013)	Jan. 11, 2013	RECAP
38	NOTICE of Withdrawal of Appearance by Barbara Healy Smith (Healy Smith, Barbara) (Entered: 01/11/2013)	Jan. 11, 2013	PACER
39	NOTICE of Appearance by Marsha S. Edney on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Edney, Marsha) (Entered: 03/05/2013)	March 5, 2013	RECAP
40	Joint MOTION to Continue status conference to April 2013 by Alan Bersin, John T. Morton, Janet Napolitano.(Edney, Marsha) (Entered: 03/13/2013)	March 13, 2013	RECAP
41	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 40 Motion to Continue Status Conference set for 4/23/2013 03:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/15/2013)	March 15, 2013	PACER
42	ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/23/2013. Counsel report they are close to settlement. Counsel request a 30 day stay of the case. Stipulation of dismissal to be filed by 5/23/13. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Catherine Crump for the plaintiff. Marsha Edney for the defendants. (By phone)) (Hourihan, Lisa) (Entered: 04/24/2013)	April 23, 2013	PACER
44	STIPULATION of Dismissal by David House. (Crump, Catherine) (Entered: 05/23/2013)	May 23, 2013	RECAP