Case: Wilwal v. Kelly

0:17-cv-02835 | U.S. District Court for the District of Minnesota

Filed Date: July 13, 2017

Closed Date: May 26, 2020

Clearinghouse coding complete

Case Summary

On July 13, 2017, the plaintiffs, a person on the terrorist watchlist and his family, filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Secretary of the Department of Homeland Security, the Acting Commissioner of US Customs and Border Protection, the Acting Director of US Immigration and Customs Enforcement, the Executive Associate Director of Homeland Security Investigations, US Immigration and Customs Enforcement, the Attorney Genera…

On July 13, 2017, the plaintiffs, a person on the terrorist watchlist and his family, filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Secretary of the Department of Homeland Security, the Acting Commissioner of US Customs and Border Protection, the Acting Director of US Immigration and Customs Enforcement, the Executive Associate Director of Homeland Security Investigations, US Immigration and Customs Enforcement, the Attorney General of the United States, the Acting Director of the Federal Bureau of Investigation, and the Director of the Terrorist Screening Center. Represented by the American Civil Liberties Union, the ACLU of Minnesota, and Robins Kaplan, LLC, the plaintiffs brought their claims under the Fourth Amendment, Fifth Amendment and the Administrative Procedure Act. The plaintiffs claimed that while returning from a trip outside of the country, CBP officers surrounded the family's vehicle with weapons drawn, handcuffed the plaintiff on the terrorist watchlist, and detained him and his family for eleven hours at the U.S.-Canada border. The plaintiffs alleged that, among other things, the family members were isolated from one another, asked questions, patted down, and had their phones confiscated.

The plaintiff on the terrorist watchlist claimed that his arrest, detention, unnecessary and extended restraint, incarceration, and interrogation constituted an unreasonable seizure in violation of his rights under the Fourth Amendment and constituted an excessive use of force in violation of his rights under the Fourth Amendment. The other plaintiffs claimed that their detention and unnecessary and extended restraint constituted an unreasonable seizure in violation of their rights under the Fourth Amendment. The plaintiff on the terrorist watchlist further claimed that both of his procedural and substantive due process rights under the Fifth Amendment were violated. All plaintiffs claimed that the defendants' seizure was arbitrary, capricious, and an abuse of discretion not in accordance with the law and contrary to constitutional rights, therefore violating the Administrative Procedure Act. Finally, the plaintiff on the terrorist watchlist claimed that being on the watchlist itself violated the Administrative Procedure Act. The plaintiffs sought injunctive and declaratory relief. The case was assigned to Judge Donovan W. Frank and referred to Magistrate Judge David T. Schultz.

On October 12, 2017, the plaintiffs filed a more detailed amended complaint. The plaintiffs submitted their original claims and brought three additional claims under the Federal Tort Claims Act. All of the plaintiffs brought assault and false arrest/false imprisonment claims. The wife of the plaintiff on the terrorist watchlist also brought a battery claim.

On November 7, 2017, the defendants filed a motion to dismiss the case. The plaintiffs filed a motion in opposition to the defendants' motion to dismiss on December 21, 2017. The defendants filed their reply in support of their motion to dismiss on January 19, 2018. Parties argued the motion to dismiss before Judge Donovan W. Frank on March 2, 2018. The court issued a minute entry for proceedings the same day and noted that a written order would be issued. The court issued a written order on September 27, 2018 dismissing with prejudice the plaintiffs' fifth claim for relief (violation of substantive due process rights under the Fifth Amendment). However, the rest of the defendants' motion to dismiss was denied. 346 F.Supp.3d 1290.

Next, the defendants filed an answer to the plaintiffs amended complaint on October 25, 2018. Based on their admissions and denials, the defendants argue that the plaintiffs are not entitled to the relief requested, or to any relief whatsoever, and request that this action be dismissed with prejudice.

The case was briefly stayed in early 2019 due to a lapse in federal appropriations. During a pretrial conference, the parties expressed an interest in settling the case for monetary relief, and on May 20, 2019, they filed a motion to stay discovery during an attempted settlement negotiation. Magistrate Judge David T. Schultz granted the motion on May 24, staying the case until August 5, 2019. He extended the stay until August 21 to allow for more settlement conferences; the docket indicates that a binding settlement was reached on that date.

On March 30, 2020, the plaintiffs filed a sealed motion with a petition to approve of the settlement award for the minor plaintiffs in the case. Judge Frank approved the settlement on April 10; the amounts distributed to the minors were redacted.

On May 21, 2020, the plaintiffs filed a stipulation of dismissal with a proposed order. The following day, Judge Frank dismissed the case with prejudice.

Summary Authors

Anna Belkin (2/14/2019)

Ellen Aldin (6/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6226636/parties/wilwal-v-kelly/


Judge(s)

Frank, Donovan W. (Minnesota)

Schultz, David T. (Minnesota)

Attorneys(s) for Plaintiff

Bratlie, Ian (Minnesota)

ElShareif, Amira A. (Minnesota)

Friedricks, Sarah (Minnesota)

Gordon, John Bennett (Minnesota)

Handeyside, Hugh (New York)

Nelson, Teresa J. (Minnesota)

Shamsi, Hina (New York)

Tietjen, Randall (Minnesota)

Judge(s)

Frank, Donovan W. (Minnesota)

Schultz, David T. (Minnesota)

Attorneys(s) for Plaintiff

Bratlie, Ian (Minnesota)

ElShareif, Amira A. (Minnesota)

Friedricks, Sarah (Minnesota)

Gordon, John Bennett (Minnesota)

Handeyside, Hugh (New York)

Nelson, Teresa J. (Minnesota)

Shamsi, Hina (New York)

Tietjen, Randall (Minnesota)

Zafar, Noor (New York)

Attorneys(s) for Defendant

Drezner, Michael Leon (District of Columbia)

Enlow, Courtney (District of Columbia)

Krieger, Jocelyn (District of Columbia)

Parker, Ryan B. (District of Columbia)

Secord, Erin M. (Minnesota)

Stern, Paul David (District of Columbia)

Documents in the Clearinghouse

Document

0:17-cv-02835

Docket [PACER]

May 26, 2020

May 26, 2020

Docket
1

0:17-cv-02835

Complaint

July 13, 2017

July 13, 2017

Complaint
25

0:17-cv-02835

Amended Complaint

Wilwal v. Duke

Oct. 12, 2017

Oct. 12, 2017

Complaint
52

0:17-cv-02835

Memorandum Opinion Regarding Motion to Dismiss

346 F.Supp.3d 1290, 2018 WL 4654717

Sept. 27, 2018

Sept. 27, 2018

Order/Opinion
56

0:17-cv-02835

Answer to Amended Complaint

Oct. 25, 2018

Oct. 25, 2018

Internal memorandum
118

0:17-cv-02835

Redacted Findings of Fact and Order Approving Minor Settlement

Wilwal v. Wolf

April 10, 2020

April 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6226636/wilwal-v-kelly/

Last updated May 20, 2022, 4:48 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions (Filing fee $400 receipt number AMNDC-5606508) filed by Sagal Abdigani, Abdisalam Wilwal. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet). (Tietjen, Randall) Modified text on 7/14/2017 (lmb). (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
2

TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Hugh Handeyside, Huna Shamsi as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (AKL) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per Civil Rights List and referred to Magistrate Judge Becky R. Thorson. Please use case number 17cv2835 DWF/BRT. (AKL) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
4

Summons Issued as to Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions. (AKL) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
5

ORDER OF RECUSAL. Magistrate Judge Becky R. Thorson recused. Case reassigned to Magistrate Judge David T. Schultz for all further proceedings. NOTE: the new case number is 17cv2835 DWF/DTS. Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Becky R. Thorson on 7/14/17. (AKL) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
6

MOTION for Admission Pro Hac Vice for Attorney Hina Shamsi. Filing fee $ 100, receipt number AMNDC-5612170 filed by Sagal Abdigani, Abdisalam Wilwal. (Tietjen, Randall) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
7

DOCUMENT FILED IN ERROR. MOTION for Admission Pro Hac Vice for Attorney Hugh Handeyside. Filing fee $ 100, receipt number AMNDC-5612226 filed by Sagal Abdigani, Abdisalam Wilwal. (Tietjen, Randall) Modified text on 7/17/2017 (MMG). (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
8

TEXT ONLY ENTRY: ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Hina Shamsi for Sagal Abdigani and Abdisalam Wilwal. Approved by Magistrate Judge David T. Schultz on 07/17/2017. (MMG) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
9

MOTION for Admission Pro Hac Vice for Attorney Hugh Handeyside. Filing fee $ 100, receipt number AMNDC-5625549 filed by Sagal Abdigani, Abdisalam Wilwal. (Tietjen, Randall) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

RECAP
10

TEXT ONLY ENTRY: ORDER granting 9 Motion for Admission Pro Hac Vice of Attorney Hugh Handeyside for Sagal Abdigani, and Abdisalam Wilwal. Approved by Magistrate Judge David T. Schultz on 7/24/17. (MAM) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
11

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. John Kelly served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
12

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Kevin McAleenan served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
13

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Thomas Homan served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
14

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Peter T. Edge served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
15

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Jefferson B. Sessions served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
16

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Andrew G. McCabe served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
17

SUMMONS Returned Executed by Sagal Abdigani, Abdisalam Wilwal. Charles H. Kable, IV served on 7/17/2017, answer due 9/15/2017. (Tietjen, Randall) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
18

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Ryan B. Parker filed by Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions. (Secord, Erin) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
19

TEXT ONLY ENTRY: ORDER granting 18 Motion for Admission Pro Hac Vice of U.S. Government Attorney Ryan Bradley Parker for Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, and Jefferson B. Sessions. Approved by Magistrate Judge David T. Schultz on 8/17/17. (MAM) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
20

NOTICE of Appearance by Ryan Bradley Parker on behalf of All Defendants. (Parker, Ryan) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
21

NOTICE of Appearance by Erin M Secord on behalf of All Defendants. (Secord, Erin) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
22

STIPULATION to Extend Time to Respond to Complaint by Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions. (Parker, Ryan) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
23

PROPOSED ORDER TO JUDGE re 22 Stipulation. (Parker, Ryan) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
24

ORDER: Peter T. Edge answer due 10/13/2017; Thomas Homan answer due 10/13/2017; Charles H. Kable, IV answer due 10/13/2017; John Kelly answer due 10/13/2017; Kevin McAleenan answer due 10/13/2017; Andrew G. McCabe answer due 10/13/2017; Jefferson B. Sessions answer due 10/13/2017. Signed by Magistrate Judge David T. Schultz on 9/15/17. (AKL) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
25

AMENDED COMPLAINT for Injunctive and Declaratory Relief and Damages against Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Jefferson B. Sessions, Elaine Duke, Derek N. Benner, Christopher A. Wray, United States of America. filed by Sagal Abdigani, Abdisalam Wilwal. No summons requested. (Attachments: # 1 Exhibit(s) A). (Tietjen, Randall) Modified text on 10/12/2017 (lmb). (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
26

STIPULATION To Extend Time to Respond to Amended Complaint by Derek N. Benner, Elaine Duke, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Jefferson B. Sessions, Christopher A. Wray, United States of America. Jointly signed by Sagal Abdigani, Abdisalam Wilwal. (Parker, Ryan) Modified text on 10/12/2017 (lmb). (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
27

PROPOSED ORDER TO JUDGE re 26 Stipulation. (Parker, Ryan) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
28

ORDER EXTENDING TIME TO RESPOND TO COMPLANT: Derek N. Benner answer due 11/2/2017; Elaine Duke answer due 11/2/2017; Thomas Homan answer due 11/2/2017; Charles H. Kable, IV answer due 11/2/2017; Kevin McAleenan answer due 11/2/2017; Jefferson B. Sessions answer due 11/2/2017; United States of America answer due 11/2/2017; Christopher A. Wray answer due 11/2/2017. Signed by Magistrate Judge David T. Schultz on 10/13/17. (AKL) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
29

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Michael Leon Drezner for Kevin McAleenan, Thomas Homan, Jefferson B. Sessions, Charles H. Kable, IV. (JLW) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
30

TEXT ONLY ENTRY: ORDER granting 29 Motion for Admission Pro Hac Vice of U.S. Government Attorney Michael Leon Drezner for Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, and Jefferson B. Sessions. Approved by Magistrate Judge David T. Schultz on 10/13/2017. (JLW) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
31

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Paul David Stern for the United States of America. (JLW) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
32

TEXT ONLY ENTRY: ORDER granting 31 Motion for Admission Pro Hac Vice of U.S. Government Attorney Paul David Stern for the United States of America. Approved by Magistrate Judge David T. Schultz on 11/01/2017. (JLW) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
33

NOTICE of Appearance by Paul David Stern on behalf of United States of America. (Stern, Paul) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
34

STIPULATION to Extend the Time to Respond to the Amended Complaint by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions, United States of America, Christopher A. Wray. Jointly signed by Sagal Abdigani, Abdisalam Wilwal. (Parker, Ryan) Modified text on 11/3/2017 (lmb). (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
35

PROPOSED ORDER TO JUDGE re 34 Stipulation,. (Parker, Ryan) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
36

ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLANT: Derek N. Benner answer due 11/8/2017; Elaine Duke answer due 11/8/2017; Thomas Homan answer due 11/8/2017; Charles H. Kable, IV answer due 11/8/2017; Kevin McAleenan answer due 11/8/2017; Jefferson B. Sessions answer due 11/8/2017; United States of America answer due 11/8/2017; Christopher A. Wray answer due 11/8/2017. Signed by Magistrate Judge David T. Schultz on 11/2/17. (AKL) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
37

MOTION to Dismiss/General filed by Derek N. Benner, Elaine Duke, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Parker, Ryan) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
38

MEMORANDUM in Support re 37 MOTION to Dismiss/General filed by Derek N. Benner, Elaine Duke, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Parker, Ryan) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
39

PROPOSED ORDER TO JUDGE re 37 MOTION to Dismiss/General filed by Derek N. Benner, Elaine Duke, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Jefferson B. Sessions, United States of America, Christopher A. Wray.(Parker, Ryan) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
41

LETTER TO DISTRICT JUDGE by Sagal Abdigani, Abdisalam Wilwal . (Tietjen, Randall) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

40

NOTICE OF HEARING ON MOTION 37 MOTION to Dismiss/General : Motion Hearing set for 3/2/2018 11:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Parker, Ryan) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
42

TEXT ONLY NOTICE to Attorneys: The Court has reviewed the letter filed at Doc. No. 41 and approves the briefing schedule as outlined in the letter. (BJS) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

52

MEMORANDUM OPINION AND ORDER granting in part and denying in part 37 Motion to Dismiss. 1.The Governments Motion is GRANTED with respect to Plaintiffs Fifth Claim for Relief alleging a violation of Plaintiffs' substantive due process rights. Plaintiffs' Fifth Claim for Relief is DISMISSED WITH PREJUDICE. 2. The Government's Motion is DENIED in all other respects. (Written Opinion) Signed by Judge Donovan W. Frank on 9/27/2018. (RLB)

Sept. 27, 2018

Sept. 27, 2018

RECAP
43

LETTER TO DISTRICT JUDGE by Sagal Abdigani, Abdisalam Wilwal . (Tietjen, Randall) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

62

Order on Stipulation

Nov. 27, 2018

Nov. 27, 2018

RECAP
44

TEXT ONLY NOTICE to Attorney: The Court has reviewed the letter filed at Doc. No. 43 and approves the briefing schedule as outlined in the letter. (BJS) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

46

LETTER TO DISTRICT JUDGE by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions, United States of America, Christopher A. Wray . (Secord, Erin) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

Dec. 21, 2018

Dec. 21, 2018

PACER
47

TEXT ONLY NOTICE TO ATTORNEYS: The Court has reviewed the letter filed by the Defendants at Doc. No. 46 . The Court approves the Defendants request for an additional 3,500 words for their two combined memoranda, for a total of up to 15,500 words for both briefs. (BJS) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

80

Order on Motion for Protective Order

March 12, 2019

March 12, 2019

PACER
82

Scheduling Order

March 15, 2019

March 15, 2019

PACER
48

REPLY re 37 MOTION to Dismiss/General filed by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Parker, Ryan) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

49

Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 3/2/2018 re 37 MOTION to Dismiss/General. Matter submitted. Written order to be issued. (Court Reporter Lynne Krenz) (las) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

83

Order/Notice of Hearing/Deadlines (Setting/Resetting)

March 18, 2019

March 18, 2019

PACER
50

NOTICE of Withdrawal as Attorney for Defendants (Parker, Ryan) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

86

Order on Stipulation

March 28, 2019

March 28, 2019

PACER
89

Order/Notice of Hearing/Deadlines (Setting/Resetting)

May 16, 2019

May 16, 2019

PACER
51

NOTICE by Sagal Abdigani, Abdisalam Wilwal re 45 Memorandum in Opposition to Motion Supplemental Authority (Attachments: # 1 Exhibit(s) A)(Handeyside, Hugh) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

90

Protective Order

May 17, 2019

May 17, 2019

PACER
93

Order on Motion to Stay

May 24, 2019

May 24, 2019

PACER
53

STIPULATION to Extend Time ot Answer Amended Complaint by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. Jointly Signed by Plaintiffs. (Drezner, Michael) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

Order Staying Case

July 10, 2019

July 10, 2019

PACER
54

PROPOSED ORDER TO JUDGE re 53 Stipulation,. (Drezner, Michael) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

Order Staying Case

Aug. 6, 2019

Aug. 6, 2019

PACER
55

(Text−only) ORDER on 34 Stipulation. IT IS HEREBY ORDERED that Defendants shall file their Answer to the Amended Complaint on or before 10/25/2018. Ordered by Magistrate Judge David T. Schultz on 10/15/2018. (AJS) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

56

ANSWER to Amended Complaint filed by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Drezner, Michael) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

Order in Response to Letter/Request/E-mail

Aug. 16, 2019

Aug. 16, 2019

PACER
110

Protective Order

March 11, 2020

March 11, 2020

PACER
57

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Jocelyn Krieger filed by United States of America. (JGK) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

117

Order on Sealed Motion

April 10, 2020

April 10, 2020

PACER
58

TEXT ONLY ENTRY: ORDER granting 57 Motion for Admission Pro Hac Vice of U.S. Government Attorney Jocelyn Krieger for United States of America. Approved by Magistrate Judge David T. Schultz on 11/20/2018. (JGK) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

59

NOTICE of Appearance by Jocelyn Krieger on behalf of United States of America. (Krieger, Jocelyn) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

118

Order/Notice to Attorney

April 10, 2020

April 10, 2020

RECAP
121

Order Dismissing Case

May 22, 2020

May 22, 2020

PACER
60

STIPULATION to Extend Time to File 26(f) Report by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. Jointly Signed by Plaintiffs. (Drezner, Michael) (Entered: 11/23/2018)

Nov. 23, 2018

Nov. 23, 2018

122

Judgment (Clerk's Office Only)

May 26, 2020

May 26, 2020

PACER
61

PROPOSED ORDER TO JUDGE re 60 Stipulation,. (Drezner, Michael) (Entered: 11/23/2018)

Nov. 23, 2018

Nov. 23, 2018

63

Joint Rule 26(f) Report by Sagal Abdigani, Abdisalam Wilwal. ATTACHMENTS FILED IN ERROR−WILL REFILE AS SEPARATE EVENTS. (Attachments: # 1 Attachment A − Defendants' Proposed Order, # 2 Attachment B − Plaintiffs' Proposed Order)(ElShareif, Amira) Modified text on 12/10/2018 (JLB). (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

64

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Courtney Enlow filed by Derek N. Benner, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. (JGK) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

65

TEXT ONLY ENTRY: ORDER granting 64 Motion for Admission Pro Hac Vice of U.S. Government Attorney Courtney Enlow for Derek N. Benner, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America and for Christopher A. Wray. Approved by Magistrate Judge David T. Schultz on 12/21/2018. (JGK) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

66

ORDER/NOTICE of Setting: Pretrial Conference set for 1/15/2019 at 10:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 12/28/2018. (Attachments: # 1 Consent Form) (TJB) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

67

MOTION to Stay All Deadlines and Continue Pre−Trial Conference filed by Derek N. Benner, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Drezner, Michael) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

68

PROPOSED ORDER TO JUDGE re 67 MOTION to Stay All Deadlines and Continue Pre−Trial Conference filed by Derek N. Benner, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray.(Drezner, Michael) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

69

ORDER granting 67 Motion to Stay. Signed by Magistrate Judge David T. Schultz on 1/3/2019. (TJB) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

70

NOTICE TO THE COURT OF RESTORATION OF APPROPRIATIONS by Derek N. Benner, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray (Drezner, Michael) Modified text on 1/31/2019 (JLB). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

71

MOTION for Admission Pro Hac Vice for Attorney Noor Zafar. Filing fee $ 100, receipt number AMNDC−6643934 filed by Sagal Abdigani, Abdisalam Wilwal. (Friedricks, Sarah) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

72

TEXT ONLY ENTRY: ORDER granting 71 Motion for Admission Pro Hac Vice of Attorney Noor Zafar for Sagal Abdigani and for Abdisalam Wilwal. Approved by Magistrate Judge David T. Schultz on 2/4/2019. (NAH) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

73

STIPULATION to Set Pretrial Conference and Revise Rule 26(f) Report by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. Jointly Signed by Plaintiffs. (Attachments: # 1 Revised 26(f) Report)(Drezner, Michael) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

74

PROPOSED ORDER TO JUDGE re 73 Stipulation,. (Drezner, Michael) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

75

Consent MOTION to Lift Stay filed by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Drezner, Michael) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

77

ORDER granting 75 Motion to Lift Stay. Signed by Magistrate Judge David T. Schultz on 2/8/2019. (TJB) (Entered: 02/11/2019)

Feb. 8, 2019

Feb. 8, 2019

78

ORDER/NOTICE SETTING PRETRIAL HEARING: Parties are directed to Meet and Confer by 3/5/2019. Rule 26 Meeting Report due by 3/5/2019. Pretrial Conference set for 3/12/2019 at 09:30 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 02/11/2019. (TJB) (Additional attachment(s) added on 2/11/2019: # 1 Consent Form) (TJB). Modified text on 2/11/2019 (TJB). (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

79

Joint MOTION for Protective Order filed by United States of America. (Attachments: # 1 Proposed Clawback/502(d) Order)(Krieger, Jocelyn) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

81

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 3/12/2019. (TJB) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

84

STIPULATION to Stay Discovery by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, Kevin McAleenan, Kirstjen Nielsen, United States of America, Christopher A. Wray. Jointly Signed by Plaintiffs. (Drezner, Michael) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

85

PROPOSED ORDER TO JUDGE re 84 Stipulation,. (Drezner, Michael) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

87

LETTER TO MAGISTRATE JUDGE by United States of America . (Krieger, Jocelyn) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

88

LETTER TO MAGISTRATE JUDGE by United States of America re: Protective Order . (Krieger, Jocelyn) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

91

MOTION to Stay Discovery through July 9, 2019 filed by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray. (Enlow, Courtney) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

92

PROPOSED ORDER TO JUDGE re 91 MOTION to Stay Discovery through July 9, 2019 filed by Derek N. Benner, Elaine Duke, Peter T. Edge, Thomas Homan, Charles H. Kable, IV, John Kelly, Kevin McAleenan, Andrew G. McCabe, Kirstjen Nielsen, Jefferson B. Sessions, United States of America, Christopher A. Wray.(Enlow, Courtney) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

Case Details

State / Territory: Minnesota

Case Type(s):

National Security

Key Dates

Filing Date: July 13, 2017

Closing Date: May 26, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an individual on the no fly list and his family. He and his family were detained when trying to reenter the country after visiting relatives in Canada.

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

U.S. Customs and Border Protection, Federal

Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Homeland Security Investigations, U.S. Immigration and Customs Enforcement, Federal

Federal Bureau of Investigation, Federal

Terrorist Screening Center, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: redacted

Issues

General:

Over/Unlawful Detention

Search policies

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

Race discrimination

Religion discrimination

Language:

Other

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Family Separation

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern