University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Green v. Transportation Security Administration NS-WA-0001
Docket / Court 2:04-cv-00763-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) National Security
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On April 6, 2004, travelers who claimed that they were identified by the "No-Fly List" merely because their names were identical or similar to names on the No-Fly List filed a class-action lawsuit in the U.S. District Court for the Western District of Washington under the Declaratory Judgment Act ... read more >
On April 6, 2004, travelers who claimed that they were identified by the "No-Fly List" merely because their names were identical or similar to names on the No-Fly List filed a class-action lawsuit in the U.S. District Court for the Western District of Washington under the Declaratory Judgment Act against the Transportation Security Administration (TSA) and the Department of Homeland Security (DHS). The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and injunctive relief, claiming that the TSA's administration and management of the "No-Fly List" violated the Due Process Clause of the Fifth Amendment and the Search and Seizure Clause of the Fourth Amendment. The TSA began implementing the No-Fly List in November 2001 and circulates the list to commercial airlines and security personnel with instructions to detain and question any passenger whose name matches or is similar to one on the No-Fly List. Specifically, the plaintiffs claimed that many innocent passengers were routinely stopped, questioned, and searched because of the list. The TSA and DHS would not reveal why individuals were on the list and passengers had no meaningful opportunity to clear their names.

On January 7, 2005, Judge Thomas S. Zilly granted the TSA and DHS's motion to dismiss because of a lack of subject matter jurisdiction over all of the passengers' claims except for the Fifth Amendment Due Process claims as it related to the clearance procedures established by the TSA. However, Judge Zilly dismissed that remaining claim because the passengers failed to state a claim upon which relief can be granted. Green v. Transportation Security Administration, 351 F. Supp. 2d 1119 (W.D. Wash. 2005).

Jessica Kincaid - 07/01/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Search policies
Terrorism/Post 9-11 issues
Watchlist
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Department of Homeland Security
Transportation Security Administration
Plaintiff Description Innocent passengers who were identified by the “No-Fly List” because their names were identical or similar to names on the No-Fly List.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought No
Class action status granted Moot
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Additional Resources
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Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
2:04−cv−00763 (W.D. Wash.) 01/12/2005
NS-WA-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint [Class Action] 04/06/2004
NS-WA-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/07/2005 (351 F.Supp.2d 1119) (W.D. Wash.)
NS-WA-0001-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Zilly, Thomas Samuel (W.D. Wash.)
NS-WA-0001-0002 | NS-WA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Caplan, Aaron H. (Washington)
NS-WA-0001-0001 | NS-WA-0001-9000
Kim, Catherine Yonsoo (New York)
NS-WA-0001-9000
Kipling, Michael E. (Washington)
NS-WA-0001-0001 | NS-WA-0001-9000
Shuford, Reginald (New York)
NS-WA-0001-0001 | NS-WA-0001-9000
Srikantiah, Jayashri (California)
NS-WA-0001-0001
Defendant's Lawyers Kelleher, Diane (District of Columbia)
NS-WA-0001-9000
Kipnis, Brian C (Washington)
NS-WA-0001-9000
Lobue, Joseph W. (District of Columbia)
NS-WA-0001-9000
Other Lawyers None on record

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