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Case Name Wilwal v. Kelly NS-MN-0001
Docket / Court 0:17-cv-02835 ( D. Minn. )
State/Territory Minnesota
Case Type(s) National Security
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On July 13, 2017, plaintiffs, a person on the terrorist watchlist and his family, filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Secretary of the Department of Homeland Security, the Acting Commissioner of US Customs and Border ... read more >
On July 13, 2017, plaintiffs, a person on the terrorist watchlist and his family, filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Secretary of the Department of Homeland Security, the Acting Commissioner of US Customs and Border Protection, the Acting Director of US Immigration and Customs Enforcement, the Executive Associate Director of Homeland Security Investigations, US Immigration and Customs Enforcement, the Attorney General of the United States, the Acting Director of the Federal Bureau of Investigation, and the Director of the Terrorist Screening Center. Represented by the American Civil Liberties Union, the ACLU of Minnesota, and Robins Kaplan, LLC, the plaintiffs brought their claims under the Fourth Amendment, Fifth Amendment and the Administrative Procedure Act. The plaintiffs claimed that while returning from a trip outside of the country, CBP officers surrounded the family's vehicle with weapons drawn, handcuffed the plaintiff on the terrorist watchlist, and detained him and his family for eleven hours. The plaintiffs alleged that, among other things, the family members were isolated from one another, asked questions, patted down, and had their phones confiscated.

The plaintiff on the terrorist watchlist claimed that his arrest, detention, unnecessary and extended restraint, incarceration, and interrogation constituted an unreasonable seizure in violation of his rights under the Fourth Amendment and constituted an excessive use of force in violation of his rights under the Fourth Amendment. The other plaintiffs claimed that their detention and unnecessary and extended restraint constituted an unreasonable seizure in violation of their rights under the Fourth Amendment. The plaintiff on the terrorist watchlist further claimed that both of his procedural and substantive due process rights under the Fifth Amendment were violated. All plaintiffs claimed that the defendants' seizure was arbitrary, capricious, and an abuse of discretion not in accordance with the law and contrary to constitutional rights, therefore violating the Administrative Procedure Act. Finally, the plaintiff on the terrorist watchlist claimed that being on the watchlist itself violated the Administrative Procedure Act. The plaintiffs sought injunctive and declaratory relief. The case was assigned to Judge Donovan W. Frank and referred to Magistrate Judge David T. Schultz.

On October 12, 2017, the plaintiffs filed a more detailed amended complaint. The plaintiffs submitted their original claims and brought three additional claims under the Federal Tort Claims Act. All of the plaintiffs brought assault and false arrest/false imprisonment claims. The wife of the plaintiff on the terrorist watchlist also brought a battery claim.

On November 7, 2017, the defendants filed a motion to dismiss the case. The plaintiffs filed a motion in opposition to the defendants' motion to dismiss on December 21, 2017. The defendants filed their reply in support of their motion to dismiss on January 19, 2018. Parties argued the motion to dismiss before Judge Donovan W. Frank on March 2, 2018. The court issued a minute entry for proceedings the same day and noted that a written order would be issued. As of September 23, 2018, the written order has not yet been issued. The case is ongoing.

Anna Belkin - 09/23/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Race discrimination
Religion discrimination
General
Over/Unlawful Detention
Watchlist
Immigration/Border
Constitutional rights
Language
Other
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Defendant(s) Department of Homeland Security
Federal Bureau of Investigation
Homeland Security Investigations, U.S. Immigration and Customs Enforcement
Terrorist Screening Center
U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement
Plaintiff Description Plaintiff is an individual on the no fly list and his family. He and his family were detained when trying to reenter the country after visiting relatives in Canada.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
0:17-cv-02835 (D. Minn.)
NS-MN-0001-9000.pdf | Detail
Date: 06/12/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-MN-0001-0001.pdf | Detail
Date: 07/13/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 25]
NS-MN-0001-0002.pdf | Detail
Date: 10/12/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Frank, Donovan W. (D. Minn.)
NS-MN-0001-9000
Plaintiff's Lawyers Bratlie, Ian (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
ElShareif, Amira A. (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Friedricks, Sarah (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Gordon, John Bennett (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Handeyside, Hugh (New York)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Nelson, Teresa J. (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Shamsi, Hina (New York)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Tietjen, Randall (Minnesota)
NS-MN-0001-0001 | NS-MN-0001-0002 | NS-MN-0001-9000
Defendant's Lawyers Drezner, Michael Leon (District of Columbia)
NS-MN-0001-9000
Parker, Ryan B. (District of Columbia)
NS-MN-0001-9000
Secord, Erin M. (Minnesota)
NS-MN-0001-9000
Stern, Paul David (District of Columbia)
NS-MN-0001-9000

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