Case: Alasaad v. Duke

1:17-cv-11730 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 13, 2017

Closed Date: April 21, 2021

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Case Summary

On September 13, 2017, ten U.S. citizens and a lawful permanent resident filed this lawsuit in the U.S. District Court for the District of Massachusetts. Represented by the Electronic Frontier Foundation and the American Civil Liberties Union of Massachusetts, the plaintiffs sued the United States Customs and Border Protection (“CBP”) and the United States Immigration and Customs Enforcement (“ICE”) under 28 U.S.C. § 2201, seeking a declaration that the defendants had violated their First and Fourth Amendment rights, an injunction preventing defendants from searching or confiscating electronic devices at the border without probable cause, and an injunction requiring defendants to expunge all of plaintiffs' collected information. The plaintiffs alleged that the defendants seized and then searched their electronic devices, containing expressive content and associational content, at the United States border without a warrant demonstrating probable cause that these devices contained contraband or evidence of a violation of immigration or customs laws and without describing the information to be searched.

On December 15, 2017, the defendants filed a motion to dismiss for a lack of jurisdiction and failure to state a claim. The following year, on May 9, District Judge Denise J. Casper denied the motion to dismiss, finding that plaintiffs had standing to sue and pled plausible Fourth and First Amendment claims. 2018 WL 2170323.

On April 30, 2019, the plaintiffs filed a motion for summary judgment on all claims. A couple months later, on June 6, the defendants also filed a motion for summary judgment. Later that year, on November 12, District Judge Denise J. Casper granted the plaintiffs' motion in part and denied the defendants' motion. On the plaintiffs' Fourth Amendment claims, Judge Casper denied the plaintiff's argument that a warrant was required to search their devices at the border, but Judge Casper found that the defendants' advanced searches of the plaintiffs' devices violated the Fourth Amendment because the policy would have required a reasonable suspicion that the devices contained contraband. Judge Casper also granted summary judgment for certain plaintiffs who argued that the government required probable cause for searches of devices kept by the defendants after the plaintiffs left the border. Judge Casper denied both parties' motions for summary judgment regarding plaintiff's First Amendment claims. 419 F.Supp.3d 142.

Both parties appealed to the First Circuit in January 2020. The appeals were docketed as 20-01081 and 20-01077.

On February 9, 2021, the First Circuit affirmed in part and vacated in part the district court’s order, ultimately remanding the case back to the district court for a revised judgment. The First Circuit held that the challenged border search policies were constitutionally permissible. As to the Fourth Amendment, the court held that advanced searches of electronic devices at the border did not require a warrant or probable cause, and that because they were "routine searches" they did not even require reasonable suspicion. Further, the First Circuit held that border searches could go beyond specifically looking for contraband, and that the CBP could detain devices for a "reasonable" amount of time. As to the First Amendment claims, the court held that the searches of electronic devices did not violate the First Amendment because the searches were content-neutral and the government had a legitimate interest in them. Further, the First Circuit held that the fact that the devices contained expressive content did not affect the constitutionality of a search. 988 F.3d 8.

As a result, on April 21, 2021, the district court entered judgment for the defendants and vacated all previously ordered declaratory and injunctive relief. On April 28, 2021, the plaintiffs appealed to the Supreme Court of the United States, case number 20-1505. However, the petition for a writ of certiorari was denied on June 28, 2021.


1:17-cv-11730	Docket [PACER]	Jan. 15, 2020	Jan. 15, 2020 Docket
1 1:17-cv-11730	Complaint for Injunctive and Declaratory Relief	Sept. 13, 2017	Sept. 13, 2017 Complaint
7 1:17-cv-11730	Amended Complaint	Sept. 13, 2017	Sept. 13, 2017 Complaint
34 1:17-cv-11730	Memorandum and Order Alasaad v. Nielsen	May 9, 2018	May 9, 2018 Order/Opinion 2018 WL 2170323
109 1:17-cv-11730	Memorandum and Order Alasaad v. Nielsen	Nov. 12, 2019	Nov. 12, 2019 Order/Opinion 419 F.Supp.3d 142
20-01077	Opinion Alasaad v. Mayorkas U.S. Court of Appeals for the First Circuit	Feb. 9, 2021	Feb. 9, 2021 Order/Opinion 988 F.3d 8
20-01505	Petition	April 23, 2021	April 23, 2021

Title	Description		External URL Date / External URL
Alasaad v. Wolf (Formerly Alasaad v. McAleenan and Alasaad v. Duke) ACLU	The ACLU of Massachusetts, the national ACLU, and the Electronic Frontier Foundation (EFF), filed a lawsuit against the Department of Homeland Security on behalf of 11 travelers whose smartphones and…	May 10, 2018	May 10, 2018 https://www.aclum.org/...
Alasaad V. McAleenan: Challenge to Warrantless Phone and Laptop Searches at U.S. Border ACLU	The American Civil Liberties Union, the Electronic Frontier Foundation, and the ACLU of Massachusetts have filed a lawsuit against the Department of Homeland Security on behalf of 11 travelers whose …	09/13/2017	Sept. 13, 2017 https://www.aclu.org/...

ECF Number	Date	Description	Link
1	Sept. 13, 2017	COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6792927 (Fee Status: Filing Fee paid), filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Additional Attorneys for Civil Cover Sheet, # 3 Exhibit Category Sheet)(Rossman, Jessie) (Entered: 09/13/2017) 1 Civil Cover Sheet View on RECAP 2 Exhibit Additional Attorneys for Civil Cover Sheet View on RECAP 3 Exhibit Category Sheet View on RECAP	Clearinghouse
2	Sept. 13, 2017	MOTION for Leave to Appear Pro Hac Vice for admission of Adam Schwartz, Sophia Cope, and Aaron Mackey Filing fee: $ 300, receipt number 0101-6793117 by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Affidavit Adam Schwartz, # 2 Affidavit Sophia Cope, # 3 Affidavit Aaron Mackey)(Rossman, Jessie) (Entered: 09/13/2017) 1 Affidavit Adam Schwartz View on PACER 2 Affidavit Sophia Cope View on PACER 3 Affidavit Aaron Mackey View on PACER	RECAP
3	Sept. 13, 2017	MOTION for Leave to Appear Pro Hac Vice for admission of Esha Bhandari, Hugh Handeyside and Nathan Freed Wessler Filing fee: $ 300, receipt number 0101-6793523 by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Affidavit Esha Bhandari, # 2 Affidavit Hugh Handeyside, # 3 Affidavit Nathan Freed Wessler)(Rossman, Jessie) (Entered: 09/13/2017) 1 Affidavit Esha Bhandari View on PACER 2 Affidavit Hugh Handeyside View on PACER 3 Affidavit Nathan Freed Wessler View on RECAP	RECAP
4	Sept. 13, 2017	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 M. Page Kelley. (adminn, ) (Entered: 09/13/2017)	RECAP
5	Sept. 13, 2017	Summons Issued as to Elaine Duke, Thomas Homan, Kevin McAleenan. 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. (Nici, Richard) (Entered: 09/13/2017)	RECAP
6	Sept. 13, 2017	NOTICE of Appearance by Matthew Segal on behalf of Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright (Segal, Matthew) (Entered: 09/13/2017)	RECAP
7	Sept. 13, 2017	AMENDED COMPLAINT against All Defendants, filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright.(Rossman, Jessie) (Entered: 09/13/2017)	Clearinghouse
8	Sept. 21, 2017	NOTICE of Appearance by Annapurna Balakrishna on behalf of Elaine Duke, Thomas Homan, Kevin McAleenan (Balakrishna, Annapurna) (Entered: 09/21/2017)	RECAP
	Oct. 16, 2017	Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear
9	Oct. 16, 2017	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 2, 3 Motions for Leave to Appear Pro Hac Vice Added Adam Schwartz, Sophia Cope, Aaron Mackey, Esha Bhandari, Hugh Handeyside, and Nathan Freed Wessler. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. 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. (McKillop, Matthew) (Entered: 10/16/2017)	RECAP
13	Oct. 20, 2017	SUMMONS Returned Executed by Kevin McAleenan, Thomas Homan, Elaine Duke. (Attachments: # 1 Kevin McAleenan Summons, # 2 Elaine Duke Summons)(adminn, ) Modified on 11/16/2017 (adminn, ). (Entered: 11/16/2017) 1 Kevin McAleenan Summons View on PACER 2 Elaine Duke Summons View on PACER	RECAP
10	Oct. 25, 2017	NOTICE of Appearance by Michael Drezner on behalf of Elaine Duke, Thomas Homan, Kevin McAleenan (Drezner, Michael) (Entered: 10/25/2017)	RECAP
11	Oct. 27, 2017	Joint MOTION for Entry of Briefing Schedule by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 10/27/2017) 1 Text of Proposed Order View on PACER	RECAP
	Oct. 31, 2017	Order on Motion for Miscellaneous Relief
12	Oct. 31, 2017	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 11 Motion for Briefing Schedule. Defendants' responsive pleading to be filed by 12/15/17. Plaintiffs' to file their response by 1/26/18. Briefs not to exceed 30 pages. (Hourihan, Lisa) (Entered: 10/31/2017)	RECAP
14	Dec. 15, 2017	MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 12/29/2017) by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 12/15/2017)	RECAP
15	Dec. 15, 2017	MEMORANDUM in Support re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elaine Duke, Thomas Homan, Kevin McAleenan. (Attachments: # 1 Exhibit A)(Drezner, Michael) (Entered: 12/15/2017) 1 Exhibit A View on RECAP	RECAP
16	Dec. 21, 2017	Assented to MOTION to Modify Briefing Schedule by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 12/21/2017) 1 Text of Proposed Order View on PACER	RECAP
	Dec. 27, 2017	Order on Motion for Modification
17	Dec. 27, 2017	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 16 Assented to Motion to Modify Briefing Schedule. Given until 2/2/2018 to file amicus briefs. (McKillop, Matthew) (Entered: 12/27/2017)	RECAP
18	Jan. 9, 2018	Notice of Supplemental Authorities re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drezner, Michael) (Entered: 01/09/2018) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
19	Jan. 26, 2018	MEMORANDUM in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Bhandari, Esha) (Entered: 01/26/2018)	RECAP
20	Feb. 1, 2018	Assented to MOTION for Leave to File Reply by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 02/01/2018)	RECAP
21	Feb. 2, 2018	Request for Oral Argument Letter/request (non-motion) from Plaintiffs . (Bhandari, Esha) (Entered: 02/02/2018)	RECAP
22	Feb. 2, 2018	Assented to MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss by Constitutional Accountability Center. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nathanson, David) (Entered: 02/02/2018) 1 Text of Proposed Order Proposed Order View on PACER	RECAP
23	Feb. 2, 2018	MEMORANDUM of Amicus Curiae in Support of Plaintiff re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Constitutional Accountability Center. (Nathanson, David) (Entered: 02/02/2018)	RECAP
24	Feb. 2, 2018	NOTICE of Appearance by Matthew S. Shapanka on behalf of Brennan Center for Justice, Center for Democracy & Technology, R Street Institute, TechFreedom (Shapanka, Matthew) (Entered: 02/02/2018)	RECAP
25	Feb. 2, 2018	AMICUS BRIEF filed by Brennan Center for Justice, Center for Democracy & Technology, R Street Institute, TechFreedom . (Shapanka, Matthew) (Entered: 02/02/2018)	RECAP
26	Feb. 2, 2018	AMICUS BRIEF filed by Knight First Amendment Institute at Columbia University, Reporters Committee for Freedom of the Press . (Albano, Jonathan) (Entered: 02/02/2018)	RECAP
	Feb. 5, 2018	Order on Motion for Leave to File Document
27	Feb. 5, 2018	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 20 Motion for Leave to File Reply of not more than 15 pages by 3/2/18 by Elaine Duke, Thomas Homan, Kevin McAleenan. (Hourihan, Lisa) (Entered: 02/05/2018)	RECAP
28	Feb. 15, 2018	ELECTRONIC NOTICE Setting Hearing on Motion 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/16/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/15/2018)	RECAP
29	Feb. 20, 2018	Assented to MOTION to Continue Hearing on Defendants' Motion to Dismiss by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 02/20/2018)	RECAP
	Feb. 21, 2018	Order on Motion to Continue
30	Feb. 21, 2018	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 29 Motion to Continue Hearing Date (Hourihan, Lisa) (Entered: 02/21/2018)	RECAP
31	Feb. 21, 2018	ELECTRONIC NOTICE Resetting Hearing on Motion 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 4/23/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/21/2018)	RECAP
32	March 1, 2018	REPLY to Response to 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elaine Duke, Thomas Homan, Kevin McAleenan. (Drezner, Michael) (Entered: 03/01/2018)	RECAP
33	April 23, 2018	Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 4/23/2018 re 14 MOTION to Dismiss filed by Elaine Duke, Kevin McAleenan, Thomas Homan; Court heard arguments and took motion under advisement; if necessary a statement re recusal may be filed within two weeks. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Balakrishna, Bhandari, Drezner, Handeyside, Mackey, Schwartz, and Wessler) (Lovett, Jarrett) (Entered: 04/23/2018)	RECAP
34	May 9, 2018	Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Defendants' motion to dismiss, D. 14.(Hourihan, Lisa) (Entered: 05/10/2018)	Clearinghouse
35	May 10, 2018	Judge Denise J. Casper: ELECTRONIC ORDER entered. Defendants to file their answers by 5/25/18.(Hourihan, Lisa) (Entered: 05/10/2018)	RECAP

Case: Alasaad v. Duke

1:17-cv-11730 | U.S. District Court for the District of Massachusetts

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Docket for: Alasaad v. Duke

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