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Civil Rights Litigation Clearinghouse
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Case Name Mayfield v. United States NS-OR-0004
Docket / Court 04-1427-AA ( D. Or. )
State/Territory Oregon
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Internet Metadata
Foreign Intelligence Surveillance Act -- Telephony Metadata
Foreign Intelligence Surveillance Court
Case Summary
On October 4, 2004, a practicing lawyer and his family members filed a lawsuit in the U.S. District Court for the District of Oregon against the Department of Justice and the Federal Bureau of Investigation (FBI), under Bivens and 50 U.S.C §§ 1804 and 1823 (electronic surveillance and physical ... read more >
On October 4, 2004, a practicing lawyer and his family members filed a lawsuit in the U.S. District Court for the District of Oregon against the Department of Justice and the Federal Bureau of Investigation (FBI), under Bivens and 50 U.S.C §§ 1804 and 1823 (electronic surveillance and physical searches under the Foreign Intelligence Surveillance Act (FISA)). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, alleging that the defendants conducted unlawful arrest, imprisonment, searches and seizures. The plaintiffs also alleged that the defendants violated the Privacy Act, 5 U.S.C. § 552a by illegally leaking information and that portions of the Patriot Act are unconstitutional. The plaintiffs sought return of improperly seized property.

This case is based on the following background. On March 11, 2004, terrorists' bombs exploded on commuter trains in Madrid, Spain. The FBI obtained photographs of fingerprints from the bombing incident. The FBI made a wrongful match of a fingerprint taken from near the Madrid bombing site to that of the plaintiff, supposedly in part because the plaintiff was a Muslim. Despite numerous signs that the match was erroneous, the FBI arrested and imprisoned the plaintiff from May 6, 2004, through May 20, 2004. After news reports revealed that the Madrid fingerprint matched an Algerian citizen, the plaintiff was released from prison.

On November 29, 2006, the District Court (Judge Aiken) signed a stipulated settlement agreement reached by the parties. The agreement limited plaintiffs' remaining claims to a facial challenge to FISA, in which the relief available was a declaratory judgment of the unconstitutionality of these statues. On December 6, 2006, plaintiffs filed an amended complaint for declaratory judgment and sought removal of all illegally seized materials under government possession.

Defendants argued that the Court lacked jurisdiction because the plaintiffs lacked standing to seek declaratory relief. On September 26, 2007, the District Court (Judge Aiken) found that the plaintiffs' claims alleging an on-going 'case' or 'controversy' provided the Court jurisdiction. The Court concluded that 50 U.S.C. §§ 1804 and 1824 of FISA, as amended by the Patriot Act, are unconstitutional as they violate the Fourth Amendment of the U.S. Constitution. Accordingly, plaintiffs' motion for summary judgment for declaratory relief was granted.

On October 9, 2007, defendants filed an appeal to the U.S. Court of Appeals for the 9th Circuit. On March 24, 2010, the Appeals Court vacated the District Court's summary judgment on the grounds that the plaintiffs lacked standing because the only relief that would address the alleged Fourth Amendment violation would be injunctive relief. However, the plaintiffs were only entitled to declaratory judgment pursuant to the settlement agreement.

On November 1, 2010, the U.S. Supreme Court denied the Petition for Writ of Certiorari.

David Cho - 10/05/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
Religion discrimination
General
Record-keeping
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829
FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
Defendant(s) U.S. Government
U.S. Government
Plaintiff Description Practicing lawyer and his family members
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Declaratory Judgment

Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2010
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)
6:04-cv-1427 (D. Or.) 11/01/2010
NS-OR-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/04/2004
NS-OR-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 12/06/2006
NS-OR-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 09/26/2007 (504 F.Supp.2d 1023) (D. Or.)
NS-OR-0004-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order from USCA 03/24/2010 (599 F.3d 964)
NS-OR-0004-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Aiken, Ann L. (D. Or.)
NS-OR-0004-0003 | NS-OR-0004-9000
Collins, Raner Christercunean (D. Ariz.)
NS-OR-0004-0004
Paez, Richard A. (Ninth Circuit, C.D. Cal.)
NS-OR-0004-0004
Panner, Owen Murphy (D. Or.)
NS-OR-0004-9000
Rawlinson, Johnnie B. (Ninth Circuit, D. Nev.)
NS-OR-0004-0004
Monitors/Masters None on record
Plaintiff's Lawyers Eder, Michele Longo (Oregon)
NS-OR-0004-0001 | NS-OR-0004-0002 | NS-OR-0004-9000
Rosenthal, Elden M. (Oregon)
NS-OR-0004-0001 | NS-OR-0004-0002 | NS-OR-0004-9000
Spence, Gerry (Wyoming)
NS-OR-0004-0001 | NS-OR-0004-0002 | NS-OR-0004-9000
Defendant's Lawyers Clash-Drexler, Sara W. (District of Columbia)
NS-OR-0004-9000
Greenspun, Peter D. (Virginia)
NS-OR-0004-9000
Leary, Christie A. (Virginia)
NS-OR-0004-9000
Mann, Thomas Peter (Virginia)
NS-OR-0004-9000
Martin, Edward J. (District of Columbia)
NS-OR-0004-9000
O'Connor, Michael Ryan (Oregon)
NS-OR-0004-9000
Oldham, Nicholas A. (District of Columbia)
NS-OR-0004-9000
Orleans, Renee S. (District of Columbia)
NS-OR-0004-9000
Weaver, Robert C. Jr. (Oregon)
NS-OR-0004-9000
Other Lawyers None on record

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