United States DC Circuit

In Bivens action brought by a former country attache for the D.E.A., against a former State Department Charge d'Affaires and a CIA employee for electronic eavesdropping against plaintiff in violation of the Fourth Amendment, while the U.S. properly invoked whether the state secrets privilege and the district court properly dismissed one defendant, dismissal of complaint against remaining defendant is reversed as plaintiff can establish a prima facie case without using the privileged information.

Appellate Information

• Argued 12/14/2006
• Decided 06/29/2007
• Published 07/20/2007

Judges

• Before ROGERS, BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brian C. Leighton argued the cause and filed the briefs for appellant.


• For Appellees:
  
• H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Barbara L. Herwig and Douglas Letter, Attorneys.