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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