MacLean v. Dept. of Homeland Sec., 06-75112
Petition for review of a Transportation Safety Administration (TSA) order classifying information released by a Federal Air Marshal as sensitive security information is denied where: 1) the TSA order satisfied TSA regulations; 2) the TSA order was not a personnel action and cannot violate the Whistleblower Protection Act; 3) the Anti-Gag statute plaintiff claims was violated provides no express or implied cause of action; 4) plaintiff is not entitled to procedural due process protection because the order resulted from agency adjudication that did not directly deprive him of any liberty or property interests; and 5) the order was not a retroactive adjudication.
- Argued 07/17/2008
- Submitted 07/17/2008
- Decided 09/16/2008
- Published 09/16/2008
- PER CURIAM:, Before: JEROME FARRIS, EUGENE E. SILER, JR., and CARLOS T. BEA, Circuit Judges.
- United States Ninth Circuit
- For Appellant:
- Peter H. Noone, Esq., Avery, Dooley, Post & Avery, LLP, Belmont, MA, for Robert J. MacLean, petitioner.
- For Appellees:
- Eric Fleisig-Greene (argued), Appellate Staff, Department of Justice, Civil Division, Washington, D.C.; Peter D. Keisler, Assistant Attorney General, Department of Justice, Washington, D.C.; and Douglas N. Letter, Appellate Staff, Department of Justice, Civil Division, Washington, D.C., for the Department of Homeland Security, respondent.