United States Ninth Circuit

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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.

Appellate Information

  • 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.
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