Sai v. Neffenger, No. 15-2356 (1st Cir.) [§46110]

Full case documents | Other TSA litigation

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Updates:

  • 2016-06-02: TSA letter asking for court hurry up and grant a stay of the preservation order; my response, emails from me, from them
  • 2016-04-29: Emergency motion to stop TSA's objection to preserving evidence fully briefed (motion; response; reply; partial withdrawal)
  • 2016-04-25: TSA filed a motion to be relieved from having to preserve evidence
  • 2016-04-13: Court granted my motions for abeyance, withdrawal, and evidence preservation. Injunction will be re-briefed in entirety after they decide whether I get to have appointed counsel (and hopefully after TSA files the record).
  • 2016-01-18: Filed complaint and FTCA demand re SEA incident.
  • 2016-01-13: Cross-motions re. TSA's obligation to file the record are now fully briefed.

Filed 2015-11-12, this case challenges all of TSA's "orders", which includes all of their "standard operating procedures", their "Sensitive Security Information" (SSI, 49 U.S. Code § 114(r)) withholdings in my FOIA requests, and the special review statute (49 U.S. Code § 46110(a) and § 46105(b)) that violates due process.

See also SEA case, where TSA threatened me for refusing AIT, which I got on video.

Holdings:

  1. 2016-04-13: Court granted my motions for abeyance, withdrawal, and evidence preservation. Injunction will be re-briefed in entirety after they decide whether I get to have appointed counsel (and hopefully after TSA files the record).

Pending:

  1. Sai: Petition for review (petition; motion to dismiss expected)
  2. TSA: Motion asking the court to let them not file the record as required by law (motion; response and cross-motion to compel; TSA reply/response; reply re cross-motion, evidence preservation letter re SEA)
  3. Sai: Motion to compel production of unpbulished citations (motion, 15-AP-E summary and minutes, 15-CV-EE summary and minutes; response; reply; supplemental authority; 2nd supplemental authority; 3rd supplemental authority, April 2016 Appellate rules committee TOC, Tab 9 - 15-AP-E, Criminal rules committee TOC, Tab 7A - 15-CR-D; 4th supplemental authority, June 2016 standing committee TOC, Tab 3A - 15-AP-E, Tab 3C - appellate agenda, Tab 3D - 15-AP-E, Tab 4C - 15-CV-EE, 15-CV-GG, Tab 6C - 15-CR-D)
  4. Sai: Motion for clarification re abeyance (motion; no response)
  5. Sai: Motion for modification / clarification re evidence preservation (motion, TSA correspondence with CAS, DHS, SFO, 3rd party, Congress; see TSA's motion for response)
  6. TSA: Motion to be relieved from having to preserve evidence (motion; response pending. Also: TSA letter; my response, emails from me, from them)
  7. Sai: Emergency motion to strike, stay, redact, compel provision of citations, & appoint interim counsel (motion; response; reply; partial withdrawal)

Next update: TBD.

Related: Jonathan Corbett is pursuing a very similar injunction as Corbett v. TSA, No. 15-15717 (11th Cir.), as well as a challenge to TSA's international security interview program (another § 46110 "order"), Corbett v. TSA, No. 15-10757-A (11th Cir).

EPIC, EPIC v TSA, No. 16-1139 (D.C. Cir.) and CEI, CEI v DHS, No. 16-1135 (D.C. Cir.) have also filed suit against the mandatory-AIT rule.

Press: