University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Paul v. Obama NS-DC-0075
Docket / Court 1:14-cv-00262 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- Telephony Metadata
Case Summary
On February 18, 2014, a senator of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by ... read more >
On February 18, 2014, a senator of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, the plaintiffs asked the court for both declaratory relief, claiming that the NSA’s Mass Associational Tracking Program (MATP) is unconstitutional under the fourth amendment, and injunctive relief, to enjoin the defendants' use of MATP and to order the purge of all information collected by MATP.

The plaintiffs also hoped to make this case a class action suit, defined as any citizen or permanent resident of the United States who uses private telephone services. According to the plaintiff’s complaint, there are currently 300 million mobile phone subscribers currently in the United States, in addition to 100 million landline subscribers.

The NSA’s MATP collects and stores telephony metadata from major telecommunications companies. This metadata seems to include telephone numbers, persons called, and possibly even location data from anyone who has a telephone. The plaintiffs assert on their own behalf and on behalf of class members that this violates their expectations of privacy.

On April 23, 2014, the defendants filed a motion to stay pending the result of their appeal in Klayman v. Obama (NS-DC-0007). Klayman v. Obama is a similar case also seeking an injunction to enjoin the NSA from using telephony metadata. Judge Richard J. Leon granted the plaintiff Klayman a preliminary injunction enjoining the use of MATP, and the defendants are currently appealing the decision. More information on Klayman v. Obama can be found in the clearinghouse at NS-DC-0007. On May 5, 2016, the defendants also filed a motion to dismiss.

On September 22, 2014, Judge Leon, also the judge assigned to this case, granted the defendants' motion to stay pending the defendants' appeal of the preliminary injunction in Klayman v. Obama.

As of September 25, 2016, the case is currently pending; the class certification, the motion to stay, and the motion to dismiss have not been adjudicated.

Megan Brown - 09/25/2016


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
General
Record-keeping
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) National Security Agency (NSA)
Plaintiff Description a private citizen of Kentucky, and a not-for-profit Washington DC corporation.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing NS-DC-0007 : Klayman v. Obama (D.D.C.)
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)
1:14-cv-00262-RJL (D.D.C.) 05/27/2015
NS-DC-0075-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff Paul's Motion to List Non-Residential Address in Complaint Caption 02/08/2014
NS-DC-0075-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Class Action Complaint for Declaratory and Injunctive Relief 02/18/2014
NS-DC-0075-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint for Declaratory and Injunctive Relief 03/26/2014
NS-DC-0075-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Leon, Richard J. (D.D.C.)
NS-DC-0075-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cuccinelli, Kenneth T. II (Virginia)
NS-DC-0075-0001 | NS-DC-0075-0002 | NS-DC-0075-0003 | NS-DC-0075-9000
Lewis, Michael P. (District of Columbia)
NS-DC-0075-0001 | NS-DC-0075-9000
Mayfield, Earl N. (Virginia)
NS-DC-0075-0001 | NS-DC-0075-0002 | NS-DC-0075-0003 | NS-DC-0075-9000
Defendant's Lawyers Berman, Julia Alexandra (District of Columbia)
NS-DC-0075-9000
Gilligan, James J (District of Columbia)
NS-DC-0075-9000
Patton, Rodney (District of Columbia)
NS-DC-0075-9000
Other Lawyers None on record

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