Case: Green v. Transportation Security Administration

2:04-cv-00763 | U.S. District Court for the Western District of Washington

Filed Date: April 6, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On April 6, 2004, travelers who claimed that they were identified by the "No-Fly List" merely because their names were identical or similar to names on the No-Fly List filed a class-action lawsuit in the U.S. District Court for the Western District of Washington under the Declaratory Judgment Act against the Transportation Security Administration (TSA) and the Department of Homeland Security (DHS). The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and …

On April 6, 2004, travelers who claimed that they were identified by the "No-Fly List" merely because their names were identical or similar to names on the No-Fly List filed a class-action lawsuit in the U.S. District Court for the Western District of Washington under the Declaratory Judgment Act against the Transportation Security Administration (TSA) and the Department of Homeland Security (DHS). The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and injunctive relief, claiming that the TSA's administration and management of the "No-Fly List" violated the Due Process Clause of the Fifth Amendment and the Search and Seizure Clause of the Fourth Amendment. The TSA began implementing the No-Fly List in November 2001 and circulates the list to commercial airlines and security personnel with instructions to detain and question any passenger whose name matches or is similar to one on the No-Fly List. Specifically, the plaintiffs claimed that many innocent passengers were routinely stopped, questioned, and searched because of the list. The TSA and DHS would not reveal why individuals were on the list and passengers had no meaningful opportunity to clear their names.

On January 7, 2005, Judge Thomas S. Zilly granted the TSA and DHS's motion to dismiss because of a lack of subject matter jurisdiction over all of the passengers' claims except for the Fifth Amendment Due Process claims as it related to the clearance procedures established by the TSA. However, Judge Zilly dismissed that remaining claim because the passengers failed to state a claim upon which relief can be granted. Green v. Transportation Security Administration, 351 F. Supp. 2d 1119 (W.D. Wash. 2005).

Summary Authors

Jessica Kincaid (7/1/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12042699/parties/green-v-transportation-security-administration/


Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Caplan, Aaron H. (Washington)

Kim, Catherine Yonsoo (New York)

Kipling, Michael E. (Washington)

Shuford, Reginald (New York)

Srikantiah, Jayashri (California)

Attorneys(s) for Defendant

Kelleher, Diane (District of Columbia)

Kipnis, Brian C (Washington)

Lobue, Joseph W. (District of Columbia)

Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Caplan, Aaron H. (Washington)

Kim, Catherine Yonsoo (New York)

Kipling, Michael E. (Washington)

Shuford, Reginald (New York)

Srikantiah, Jayashri (California)

Attorneys(s) for Defendant

Kelleher, Diane (District of Columbia)

Kipnis, Brian C (Washington)

Lobue, Joseph W. (District of Columbia)

Documents in the Clearinghouse

Document

2:04-cv-00763

Docket

Green v. Transportation Security Administration

Jan. 12, 2005

Jan. 12, 2005

Docket
1

2:04-cv-00763

Complaint [Class Action]

April 6, 2004

April 6, 2004

Complaint
30

2:04-cv-00763

Order

Jan. 7, 2005

Jan. 7, 2005

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12042699/green-v-transportation-security-administration/

Last updated Aug. 21, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration (Summons(es) issued) (Receipt # 408680), filed by David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 04/07/2004)

April 6, 2004

April 6, 2004

Clearinghouse
2

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 5/25/2004. by Judge Thomas S. Zilly. (CC, ) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

PACER
3

SERVICE OF SUMMONS and Complaint returned executed upon defendant Transportation Security Administration on 4/6/2004. (Kipling, Michael) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
4

SERVICE OF SUMMONS and Complaint returned executed upon defendant David M Stone on 4/6/2004. (Kipling, Michael) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
5

SERVICE OF SUMMONS and Complaint returned executed upon defendant Department of Homeland Security on 4/6/2004. (Kipling, Michael) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
6

SERVICE OF SUMMONS and Complaint returned executed upon defendant Tom Ridge on 4/6/2004. (Kipling, Michael) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
7

ACKNOWLEDGEMENT OF SERVICE of summons and complaint via Certified Mail on All Defendants by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed on 04/06/2004 (Kipling, Michael) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
8

APPLICATION by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed AND ORDER admitting Catherine Yonsoo Kim for Alexander Hay; Mohamed Ibrahim; David Nelson; John F Shaw; Sarosh Syed; David C Fathi and Michelle D Green pro hac vice. Receipt # 315676. (CL, ) (Entered: 04/21/2004)

April 20, 2004

April 20, 2004

PACER
9

APPLICATION by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed AND ORDER admitting Reginald T Shuford for Alexander Hay; Mohamed Ibrahim; David Nelson; John F Shaw; Sarosh Syed; David C Fathi and Michelle D Green pro hac vice. Receipt # 315677. (CL, ) (Entered: 04/21/2004)

April 20, 2004

April 20, 2004

PACER
10

MOTION to Withdraw as Attorney by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed. Noting Date 5/17/2004. (Kipling, Michael) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER
11

NOTICE of Appearance by attorney Joseph William LoBue on behalf of Defendants Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration (LoBue, Joseph) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER

Set/Reset Deadlines: The deadline for filing the Joint Status Report is extended to June 30, 2004.(CC)

May 10, 2004

May 10, 2004

PACER
12

STIPULATION of parties AND PROPOSED ORDER. (Kipling, Michael) (Entered: 05/11/2004)

May 11, 2004

May 11, 2004

PACER
13

STIPULATION AND ORDER re 12 Stipulation: Defendants to file Motion to dismiss by 6/7/04; Plaintiff's shall file opposition by 6/30/04; Defendants to file their reply by 7/15/04; Motion to Dismiss shall be noted for 7/16/04 by Judge Thomas S. Zilly. (LS, ) (Entered: 05/20/2004)

May 18, 2004

May 18, 2004

PACER
14

ORDER granting 10 Motion to Withdraw Jayashri Srikantiah as Attorney for pltfs by Judge Thomas S. Zilly.(CL, ) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

PACER
15

MOTION to Dismiss by Defendants Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration. Noting Date 7/16/2004. (Attachments: # 1 Proposed Order)(Kelleher, Diane) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
16

Exhibit A - DECLARATION of Lee S. Longmire filed by Defendants Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration re 15 MOTION to Dismiss (Kelleher, Diane) Modified text on 6/8/2004 (AF, ). (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
17

EXHIBIT B (Chowdhury v. Northwest opinion) filed in support of 15 MOTION to Dismiss by Defendants Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration. (Kelleher, Diane) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
18

RESPONSE, by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed, to 15 MOTION to Dismiss, Oral Argument Requested (Kipling, Michael) Modified on 7/1/2004 to edit docket text (ECS, ). (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

PACER
19

DECLARATION of Reginald T. Shuford re 18 Response to Motion to Dismiss by Plaintiffs David C Fathi, Michelle D Green, Alexander Hay, Mohamed Ibrahim, David Nelson, John F Shaw, Sarosh Syed. (Kipling, Michael) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

PACER
20

STIPULATION of parties and Proposed Order Modifying Briefing Schedule. (LoBue, Joseph) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

PACER
21

STIPULATON AND ORDER by Judge Thomas S. Zilly. Dfts' MOTION to Dismiss (Dkt. #15) is re-noted for 7/23/04. Dfts' reply due 7/22/04. (CL, ) (Entered: 07/08/2004)

July 7, 2004

July 7, 2004

PACER
22

REPLY, filed by Defendants Department of Homeland Security, Tom Ridge, David M Stone, Transportation Security Administration, TO RESPONSE to 15 MOTION to Dismiss (LoBue, Joseph) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

PACER
23

The following MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, U.S. District Judge: It is ORDERED that counsel show cause by AUGUST 20, 2004 why this action should not be dismissed for failing to comply with Order requiring Status Report signed April 13, 2004 and due May 25, 2004. The parties did request and were granted one extension. The filing date was extended to June 30, 2004. Absent a timely response to this Order, the action SHALL BE DISMISSED without prejudice. (CC, ) (Entered: 07/27/2004)

July 27, 2004

July 27, 2004

PACER
24

MINUTE ORDER - The Court vacates the minute order, docket no. 23, signed July 27,2004. Pursuant to the stipulation and order signed May 18, 2004, the Court directs counsel to provide a Joint Status Report within thirty days after the Court's decision on the defendnats' motion to dismiss. (CC, ) (Entered: 07/27/2004)

July 27, 2004

July 27, 2004

PACER

Set/Reset Motion and R&R Deadlines/Hearings re 15 MOTION to Dismiss: Motion Hearing set for 11/4/2004 09:00 AM before Hon. Thomas S. Zilly. (CC, )

Oct. 8, 2004

Oct. 8, 2004

PACER
25

MINUTE ORDER - See attached minute order re oral argument/in camera/ex parte review.(CH) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

PACER
26

NOTICE by Defendants Transportation Security Administration, David M Stone, Department of Homeland Security, Tom Ridge of Filing Expedited No Fly List and Selectee List Clearance Procedures (Attachments: # 1 Exhibit A-F)(LoBue, Joseph) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
27

NOTICE by Defendants Transportation Security Administration, David M Stone, Department of Homeland Security, Tom Ridge of Submission of Documents for In Camera and Ex Parte Review (LoBue, Joseph) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
28

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly - Dep Clerk: KC; Pla Counsel: Reginald Shuford; Def Counsel: Joseph LoBue; CR: Susan Zielie; In Court Hearing held on 11/4/2004.The Court hears argument from counsel on the motion to dismiss, docket no. 15. The Court takes the matter under advisement.(CC) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

PACER
29

TRANSCRIPT of Proceedings held on 11/4/04 Motion Hearing before Judge Thomas S Zilly. Court Reporter: Susan Zielie. (SA, ) (Entered: 12/10/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
30

ORDER granting 15 Dfts' Motion to Dismiss by Judge Thomas S. Zilly.(CL, ) (Entered: 01/10/2005)

Jan. 7, 2005

Jan. 7, 2005

Clearinghouse
31

JUDGMENT BY COURT - Plaintiffs' complaint is dismissed, without prejudice, for the reasons set forth in the Order (MD ) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER

Case Details

State / Territory: Washington

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 6, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Innocent passengers who were identified by the “No-Fly List” because their names were identical or similar to names on the No-Fly List.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Transportation Security Administration, Federal

Department of Homeland Security , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Terrorism/Post 9-11 issues

Watchlist