University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Askins v. U.S. Department of Homeland Security FA-CA-0007
Docket / Court 3:12-cv-02600-W-BLM ( S.D. Cal. )
State/Territory California
Case Type(s) Policing
Speech and Religious Freedom
Attorney Organization ACLU Chapters (any)
Case Summary
On October 24, 2012, two U.S. citizens detained by U.S. Customs and Border Protection (CBP) after taking pictures of ports of entry filed a lawsuit in the U.S. District Court for the Southern District of California, under 5 U.S.C. § 702, 28 U.S.C. § 2201 and Bivens, against CBP, an agency within ... read more >
On October 24, 2012, two U.S. citizens detained by U.S. Customs and Border Protection (CBP) after taking pictures of ports of entry filed a lawsuit in the U.S. District Court for the Southern District of California, under 5 U.S.C. § 702, 28 U.S.C. § 2201 and Bivens, against CBP, an agency within the Department of Homeland Security. The plaintiffs, represented by attorneys from the ACLU of San Diego and private counsels, sought injunctive, declaratory, and monetary relief, alleging that CBP's policy and practice of prohibiting the use of camera and video recording devices at or near CBP-controlled facilities without CBP's prior approval was unconstitutional, in violation of the plaintiffs' First and Fourth Amendment rights.

On April 12, 2013, the District Court (Judge Thomas J. Whelan) denied the plaintiffs' motion for a preliminary injunction. Askins v. U.S. Dep't of Homeland Sec., 2013 WL 1561546 (S.D. Cal. Apr. 12, 2013). The case is ongoing.

Emma Bao - 05/28/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Preliminary relief denied
Defendant-type
Law-enforcement
General
Excessive force
False arrest
Search policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Two U.S. citizens detained by CBP officers after taking pictures of ports of entry.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
3:12-cv-2600 (S.D. Cal.) 04/12/2013
FA-CA-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory And Injunctive Relief and Damages 10/24/2012
FA-CA-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion for Preliminary Injunction 04/12/2013 (2013 WL 1561546) (S.D. Cal.)
FA-CA-0007-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Major, Barbara L. (S.D. Cal.) [Magistrate]
FA-CA-0007-9000
Whelan, Thomas J. (S.D. Cal.)
FA-CA-0007-0002 | FA-CA-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers David, Jeffrey M. (California)
FA-CA-0007-0001 | FA-CA-0007-9000
Gosling, Kimberly Rhea (California)
FA-CA-0007-9000
Loy, John David (California)
FA-CA-0007-0001 | FA-CA-0007-9000
Prendergast, Mary (California)
FA-CA-0007-0001 | FA-CA-0007-9000
Riordan, Sean (California)
FA-CA-0007-0001 | FA-CA-0007-9000
Woodmansee, M. Andrew (California)
FA-CA-0007-0001 | FA-CA-0007-9000
Defendant's Lawyers Nemeroff, Patrick George (District of Columbia)
FA-CA-0007-9000
Other Lawyers None on record

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