Case: Perez v. Clapper
3:14-cv-00050 | U.S. District Court for the Western District of Texas
Filed Date: Feb. 5, 2014
Closed Date: 2015
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Case Summary
On February 5, 2014, two activists filed this lawsuit pro se in the U.S. District Court for the Western District of Texas. The plaintiffs sued the National Security Agency and the U.S. Department of Justice under Bivens. The plaintiffs alleged violations of their First, Fourth, and Fifth Amendment Rights and requested declaratory relief. Specifically, the plaintiffs alleged that the defendants subjected the plaintiffs to a mass surveillance program which directed Verizon to collect telephone records for over one million Americans which, according to the complaint, was revealed by The Guardian in an article published on June 6, 2013. This case is part of a series of lawsuits filed against the NSA for its "Bulk Telephony Metadata Program," which was authorized under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"). (These cases can be found as a part of a special collection on the Clearinghouse.)
On January 23, 2015, the defendants filed a motion to dismiss, arguing that the court lacked jurisdiction and the plaintiffs failed to state claims on which relief may be granted. The plaintiffs responded that they did have valid Constitutional claims, and noted that in other cases--specifically, ACLU v. Clapper, Klayman v. Obama, and Smith v. Obama--courts had found that similar plaintiffs did have standing.
On August 6, 2015, Judge Kathleen Cardone issued an order staying this case for six months and denying the defendants' motion to dismiss as moot. Judge Cardone noted that the plaintiffs' case was based on ongoing court proceedings in the aforementioned Klayman, Smith, and ACLU cases, and as such the plaintiffs were also waiting on the outcomes of these cases to determine how to proceed in this action. Judge Cardone allowed the plaintiffs to move to reopen this case in six months. This case was administratively closed. The case was not reopened within the allotted six months, and there have been no updates to the docket since August 2015.
Summary Authors
John He (9/27/2015)
Dawn Lui (10/19/2018)
Related Cases
ACLU v. Clapper, Southern District of New York (2013)
Klayman v. Obama, District of District of Columbia (2013)
Smith v. Obama, District of Idaho (2013)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401132/parties/perez-v-clapper/
Cardone, Kathleen (Texas)
Berman, Julia Alexandra (District of Columbia)
Berman, Marcia (Texas)
Clopper, John Dalton (Texas)
Gilligan, James J. (Texas)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4401132/perez-v-clapper/
Last updated Aug. 22, 2026, 5:07 a.m.
Docket for: Perez v. Clapper
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- Telephony Metadata
Key Dates
Filing Date: Feb. 5, 2014
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two activists protesting the government's mass collection of telephone records
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
National Security Agency
U.S. Department of Justice
Defendant Type(s):
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Unreasonable search and seizure
Other Dockets:
Western District of Texas 3:14-cv-00050
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Case Summary of Perez v. Clapper, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/14422/ (last updated 10/19/2018).