Case: Beydoun v. Sessions

5:14-cv-13812 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 3, 2014

Closed Date: Dec. 6, 2017

Clearinghouse coding complete

Case Summary

In this case, plaintiff alleged that the additional security delays he experienced when traveling by air constituted a violation of his Constitutional right to travel. On October 3, 2014, a Michigan resident filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan against the FBI and its Terrorist Screening Center (TSC). The plaintiff brought this suit on behalf of himself and "all those who are believed to be included on the No[-]Fly and Terrorist Watch L…

In this case, plaintiff alleged that the additional security delays he experienced when traveling by air constituted a violation of his Constitutional right to travel.

On October 3, 2014, a Michigan resident filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan against the FBI and its Terrorist Screening Center (TSC). The plaintiff brought this suit on behalf of himself and "all those who are believed to be included on the No[-]Fly and Terrorist Watch List, have been the victim of harassment and disparate treatment at airports when attempting to board their flights, and have not been given any legitimate means of redress." Represented by private counsel, the plaintiff alleged that the additional delays he experienced when traveling by air – in the form of additional security screenings – constituted a violation of his constitutional right to travel. Plaintiff sought declaratory and injunctive relief, in addition to attorney’s fees, under the Administrative Procedure Act (APA). The case was assigned to District Judge Judith Levy.

Shortly after Plaintiff's filing, TSC moved to stay the case until the Sixth Circuit could decide Mokdad v. Holder, which TSC believed would provide controlling precedent as to the court's subject-matter jurisdiction over the case. On February 13, 2015, Judge Levy granted the motion, and the case was stayed pending further development.

Almost one year later in January 2016, after the Mokdad v. Holder appeal was resolved in favor of the FBI and the Department of Justice, TSC moved to dismiss the case. On July 14, 2016, Judge Levy granted TSC's motion to dismiss for Plaintiff's failure to join a necessary party, the Transportation Security Administration (TSA). In Mokdad v. Holder, the Sixth Circuit held that a challenge to the redress process for the Selectee List was, in effect, a challenge to a TSA order, thus making TSA a necessary party. Judge Levy determined that the Plaintiff in this case had challenged only the redress process and not his inclusion on the list in the first place, thus making Mokdad binding. For reasons unclear, Plaintiff expressly stated at the case's hearing that he did not want to amend his complaint to include TSA as a defendant, so Judge Levy dismissed the complaint.

In the same opinion, Judge Levy also denied Plaintiff's motion to amend his complaint on the grounds that it would be futile. Because Plaintiff did not seek to amend his complaint to join the TSA as a party, the court concluded that his challenge to the redress process would be unsuccessful. Further, the court reasoned that a direct challenge to the plaintiff’s placement on the Selectee List would also fail because it did not establish a violation of a constitutional interest protected by the Due Process Clause.

On August 17, 2016, the plaintiff appealed the case to the Sixth Circuit, which consolidated this case (docket no. 16-2168) with Bazzi v. Sessions (docket no. 16-2406). Bazzi v. Sessions asserted similar facts, invoked the same causes of action, and was dismissed by the District Court for similar reasons; however, Bazzi additionally named the TSA as a defendant. The Sixth Circuit reviewed both of the District Court's determinations de novo. On September 12, 2017, the Sixth Circuit found that, although the District Court erred in saying that the plaintiffs had not challenged their initial inclusion on the Selectee List in their separate complaints, the District Court's constitutional analysis was correct in finding that the plaintiffs could not prove a deprivation of their constitutional rights. The Sixth Circuit specifically noted that the plaintiffs had significantly limited their options by making no equal protection claim and by expressly abandoning a procedural due process claim during oral arguments, leaving only the possibility of a substantive due process claim. 871 F.3d 459.

The plaintiffs petitioned to have the case reheard en banc, but the appellate court denied the plaintiffs’ motion on November 28, 2017. The case is now closed.

Summary Authors

Sean Drohan (6/29/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5392872/parties/beydoun-v-holder-jr/


Judge(s)

Clay, Eric L. (Michigan)

Griffin, Richard Allen (Michigan)

Hluchaniuk, Michael J. (Michigan)

Levy, Judith Ellen (Michigan)

Thapar, Amul Roger (Kentucky)

Attorneys(s) for Plaintiff

Ayad, Nabih H (Michigan)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Folio, Joseph C III (District of Columbia)

Judge(s)

Clay, Eric L. (Michigan)

Griffin, Richard Allen (Michigan)

Hluchaniuk, Michael J. (Michigan)

Levy, Judith Ellen (Michigan)

Thapar, Amul Roger (Kentucky)

Attorneys(s) for Plaintiff

Ayad, Nabih H (Michigan)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Folio, Joseph C III (District of Columbia)

Documents in the Clearinghouse

Document

5:14-cv-13812

0:16-02168

0:16-02406

Docket [PACER]

Beydoun v. Holder

Dec. 6, 2017

Dec. 6, 2017

Docket
1

5:14-cv-13812

Plaintiff's Class Action Complaint for Injunctive and Declaratory Relief

Beydoun v. Holder

Oct. 3, 2014

Oct. 3, 2014

Complaint
10

5:14-cv-13812

Opinion and Order Granting Defendants' Motion to Stay [6]

Beydoun v. Holder

2015 WL 631948

Feb. 13, 2015

Feb. 13, 2015

Order/Opinion
27

5:14-cv-13812

Opinion and Order Granting Defendants' Motion to Dismiss [15]

Beydoun v. Lynch

2016 WL 3753561

July 14, 2016

July 14, 2016

Order/Opinion
36-1 & 36-2 & 36-3

5:14-cv-13812

2:16-cv-10123

0:16-02168

0:16-02406

Opinion

U. S. Court of Appeals for the Sixth Circuit

871 F.3d 459

Sept. 12, 2017

Sept. 12, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5392872/beydoun-v-holder-jr/

Last updated Aug. 15, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Nasser Beydoun against Nasser Beydoun. Plaintiff requests summons issued. Receipt No: 0645-4843946 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Ayad, Nabih) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

RECAP

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

Oct. 3, 2014

Oct. 3, 2014

PACER
2

SUMMONS Issued for * All Defendants * (KKra) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
4

NOTICE of Appearance by Joseph C. Folio, III on behalf of All Defendants. (Folio, Joseph) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
5

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of ERIC H HOLDER JR served on 10/7/2014, answer due 12/8/2014. (Ayad, Nabih) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
6

MOTION to Stay by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Kadura v. Holder, Order Staying Case, # 3 Exhibit B - Plaintiff's DHS TRIP Response Letter, # 4 Exhibit C - Mokdad v. Holder, Order Dismissing Case) (Folio, Joseph) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 11/20/2014 with Nabih Ayad and Joseph Folio (FMos)

Nov. 20, 2014

Nov. 20, 2014

PACER

TEXT-ONLY ORDER Setting Briefing Schedule as to Re 6 MOTION to Stay - ( Response due by 12/5/2014, Reply due by 12/15/2014). If the Motion to Stay is Denied, defendants will have 30 days to answer - Signed by District Judge Judith E. Levy. (FMos)

Nov. 20, 2014

Nov. 20, 2014

PACER
7

RESPONSE to 6 MOTION to Stay filed by Nasser Beydoun. (Ayad, Nabih) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
8

REPLY to Response re 6 MOTION to Stay filed by All Defendants. (Folio, Joseph) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
9

Notice of Determination of Motion Without Oral Argument re 6 MOTION to Stay (FMos) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER

Text-Only Order of reassignment from Magistrate Judge Paul J. Komives to to Magistrate Judge Michael J. Hluchaniuk pursuant to Administrative Order 15-AO-010. (SSch)

Jan. 22, 2015

Jan. 22, 2015

PACER
10

OPINION and ORDER Granting Defendants' 6 MOTION to Stay - Signed by District Judge Judith E. Levy. (FMos) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

RECAP

Case Stayed (FMos)

Feb. 13, 2015

Feb. 13, 2015

PACER
11

NOTICE of Appearance by Brigham Bowen on behalf of All Defendants. (Bowen, Brigham) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
12

MOTION for Extension of Time to File Answer or Otherwise Respond (Unopposed) by All Defendants. (Bowen, Brigham) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
13

ORDER Granting 12 MOTION for Extension of Time to File Answer - Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
14

NOTICE of Appearance by Stephen M. Elliott on behalf of James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
15

MOTION to Dismiss by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
16

NOTICE OF HEARING on 15 MOTION to Dismiss . Motion Hearing set for 4/12/2016 at 2:00 PM before District Judge Judith E. Levy in Ann Arbor, MI (FMos) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
17

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss by Nasser Beydoun. (Ayad, Nabih) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER

TEXT-ONLY ORDER Granting 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos)

Jan. 27, 2016

Jan. 27, 2016

PACER
18

Second MOTION for Extension of Time to File Answer To Defendant's Motion to Dismiss For Good Cause by All Plaintiffs. (Ayad, Nabih) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER

TEXT-ONLY ORDER Granting 18 Second MOTION for Extension of Time to File Answer To Defendant's Motion to Dismiss For Good Cause filed by Nasser Beydoun. Entered by District Judge Judith E. Levy. (FMos)

March 1, 2016

March 1, 2016

PACER
19

Third MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Nasser Beydoun. (Ayad, Nabih) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
20

ORDER Granting 19 Motion for Extension of Time to File Response/Reply. Signed by District Judge Judith E. Levy. (FMos) (Entered: 03/30/2016)

March 30, 2016

March 30, 2016

PACER

Reset Deadlines as to 15 MOTION to Dismiss . Motion Hearing reset for 6/21/2016 at 1:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos)

March 30, 2016

March 30, 2016

PACER
21

STIPULATION To Extend Response Deadline by Nasser Beydoun (Ayad, Nabih) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER

TEXT-ONLY ORDER Granting 21 Stipulation filed by Nasser Beydoun. Issued by District Judge Judith E. Levy. (FMos)

May 5, 2016

May 5, 2016

PACER
22

Ex Parte MOTION for Leave to File Excess Pages by Nasser Beydoun. (Ayad, Nabih) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
23

RESPONSE to 15 MOTION to Dismiss filed by Nasser Beydoun. (Ayad, Nabih) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER

TEXT-ONLY ORDER Granting 22 Ex Parte MOTION for Leave to File Excess Pages filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos)

May 17, 2016

May 17, 2016

PACER
24

MOTION for Leave to File Excess Pages (Unopposed) by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
25

REPLY to Response re 15 MOTION to Dismiss filed by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
26

ORDER granting 24 Unopposed Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing held on 6/21/2016 with Nabib Ayad and Stephen M. Elliott re 15 MOTION to Dismiss. Disposition: Motion taken under advisement (Court Reporter: Jeseca Eddington) (TMcg)

June 21, 2016

June 21, 2016

PACER
27

OPINION and ORDER GRANTING Defendant's re 15 MOTION to Dismiss Signed by District Judge Judith E. Levy. (KJac) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

RECAP
28

JUDGMENT - Signed by District Judge Judith E. Levy. (KJac) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
29

NOTICE OF APPEAL by Nasser Beydoun. Receipt No: 0645-5824430 - Fee: $ 505 - Fee Status: Fee Paid. (Ayad, Nabih) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
30

Certificate of Service re 29 Notice of Appeal. (BGar) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
31

TRANSCRIPT of Motion Hearing held on 6/21/2016. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 49) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/6/2016. Release of Transcript Restriction set for 2/3/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Eddington, J) (Entered: 11/05/2016)

Nov. 5, 2016

Nov. 5, 2016

PACER
32

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 29 Notice of Appeal filed by Nasser Beydoun [Appeal Case Number 16-2168] (Ahmed, N) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
33

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 32 Appeal Order/Opinion/Judgment [Appeal Case Number 16-2168/16-2406] (SKra) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER

Case Details

State / Territory: Michigan

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 3, 2014

Closing Date: Dec. 6, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. citizen who alleged he had been placed on the FBI's "Selectee List" for enhanced airport screening.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Terrorist Screening Center, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Right to travel

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