University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Schuchardt v. Obama NS-PA-0003
Docket / Court 2:14-cv-00705-CB ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Internet Metadata
Case Summary
On June 2, 2014, a private individual filed this class action lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiff sued the National Security Agency under the Declaratory Judgment Act and FISA Title V. The plaintiff alleged violations of his First and Fourth ... read more >
On June 2, 2014, a private individual filed this class action lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiff sued the National Security Agency under the Declaratory Judgment Act and FISA Title V. The plaintiff alleged violations of his First and Fourth Amendment rights and requested declaratory, injunctive, and monetary relief. Specifically, the plaintiff alleged that both metadata and content of his Gmail, Facebook, and Dropbox accounts were compromised under the PRISM program as revealed in the documents leaked by former NSA contractor Edward Snowden to The Guardian in an article published on June 6, 2013.

On December 11, 2014, the NSA filed a motion to dismiss, arguing that the court lacked jurisdiction and the plaintiff failed in any event to state claims on which relief may be granted. The District Court has not yet addressed this motion.

On January 7, 2015, the plaintiff filed a motion for preliminary injunction with the District Court, requesting that the court bar the NSA from continuing to collect the plaintiff's metadata and content, direct the NSA to destroy the plaintiff's data, and prohibit the NSA from querying the data currently in their possession. On January 8, 2015, Judge Cathy Bisson denied the plaintiff's motion because of the plaintiff's inability to establish sufficient imminent and irreparable harm.

This case is currently ongoing in the District Court.

John He - 09/27/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Confidentiality
Records Disclosure
Terrorism/Post 9-11 issues
Plaintiff Type
Private Plaintiff
Causes of Action FISA Title V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) National Security Agency
Plaintiff Description Private individual whose Internet metadata was compromised.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
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
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)
2:14−cv−00705−CB (W.D. Pa.) 01/12/2015
NS-PA-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Civil Complaint 06/02/2014
NS-PA-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 11/24/2014
NS-PA-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants’ Motion to Dismiss Plaintiff's Second Amended Complaint and Brief in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint 12/11/2014
NS-PA-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injunction 01/07/2015
NS-PA-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bissoon, Cathy (W.D. Pa.) [Magistrate]
NS-PA-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schuchardt, Elliot J. (Pennsylvania)
NS-PA-0003-0001 | NS-PA-0003-0002 | NS-PA-0003-0004 | NS-PA-0003-9000
Defendant's Lawyers Berman, Marcia (District of Columbia)
NS-PA-0003-0003 | NS-PA-0003-9000
Other Lawyers None on record

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