Ibrahim v. Dep't of Homeland Sec., 06-16727
In an action involving the claims of a Malaysian Muslim passenger detained at a U.S. airport because her name is on the federal government's No-Fly List, dismissal of claims against various defendants is affirmed in part, but reversed in part and remanded where: 1) contrary to the ruling below, the district court retains original jurisdiction over plaintiff's APA claim regarding placement of her name on the No-Fly List pursuant to 28 U.S.C. section 1331; and 2) Bivens claims and state-law claims against defendant-TSA employee were improperly dismissed.
- Argued 04/18/2008
- Submitted 04/18/2008
- Decided 08/18/2008
- Published 08/18/2008
Before: ALEX KOZINSKI, Chief Judge, N. RANDY SMITH, Circuit Judge, and S. JAMES OTERO, District Judge.
United States Ninth Circuit
Marwa Elzankaly, James McManis and Kevin Hammon, McManis Faulkner & Morgan, San Jose, CA, for the plaintiff-appellant.
Joshua Waldman, Appellate Staff Attorney, Peter D. Keisler, Assistant Attorney General, Scott N. Schools, U.S. Attorney, and Douglas N. Letter, Appellate Staff Attorney, U.S. Department of Justice, Washington, DC, for the federal defendants-appellees., Sharon Douglass Mayo, Arnold & Porter LLP, San Francisco, CA, and E. Alex Beroukhim, Arnold & Porter LLP, Los Angeles, CA, for defendant-appellee John Bondanella., Richard G. Grotch, Redwood City, CA, for defendants-appellees David Nevins, United Air Lines, Inc. and UAL Corporation.