United States Ninth Circuit

In an action brought by a former suspect in the 2004 Madrid train bombings and his family claiming that several provisions of the Foreign Intelligence Surveillance Act (FISA) as amended by the PATRIOT Act were unconstitutional, judgment for plaintiff is reversed where, in light of the limited remedy available to plaintiff under a settlement agreement with the government, he did not have standing to pursue his Fourth Amendment claim because his injuries already had been substantially redressed by the settlement, and a declaratory judgment would not likely impact him or his family.

Appellate Information

• Argued 02/05/2009
• Decided 12/10/2009
• Published 12/10/2009

Judges

• PAEZ, Circuit Judge:, Before:  RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and RANER C. COLLINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Douglas Letter and Scott McIntosh, Civil Division, Department of Justice, Washington, D.C., for the appellant.


• For Appellees:
  
• Elden Rosenthal, Rosenthal & Greene, P.C., Portland, OR, for the appellees.