Long et al v. Lynch et al, No. 1:2015cv01642 - Document 59 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION and ORDER Granting in Part and Denying in Part the motions to dismiss 44 and 45 . The Court transfers Plaintiff Long's as-applied claims Counts I, II, III, and V to the Fourth Circuit Court of Appeals pursuant to 28 U.S.C. § 1631; Stays the remainder of Plaintiff Long's claims pending the Fourth Circuit' review and until further order of the Court; and Dismisses all claims as they pertain to the Daves Plaintiffs for the reasons stated herein. Signed by District Judge Liam O'Grady on 4/2/2020. (rban, )

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Long et al v. Lynch et al Doc. 59 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Saadiq Long,et al. Plaintiffs, V. William P.Barr,et al. Defendants. ) ) ) ) ) Civil No. 1:15-cv-l642 ) Hon. Liam O'Grady ) ) ) ) .) MEMORANDUM OPINION & ORDER This matter is before the Court on Defendants' Motions to Dismiss. Dkts. 44,45. There are three Plaintiffs and six Defendants named in the August 13,2019, Amended Complaint. Dkt. 35("Am. Compl."). The Plaintiffs are immediate family members:(1)Plaintiff Long ("Long"), a.k.a. Paul Anderson;(2)his vvdfe, Juangan; and (3)his daughter, Leshauana. Juangan and Leshuana share the last name Daves("Daves Plaintiffs").' Defendants include, in their official capacities at the time offiling: William P. Barr, Attorney General ofthe United States; Christopher A. Wray, Director ofthe Federal Bureau ofInvestigation; Charles H. Kable, IV, Director ofthe Terrorism Screening Center; Joseph McGuire,^ Director ofthe National 'This is not a class action. Nevertheless, Plaintiffs refer all throughout the Amended Complaint to,"similarly situated American citizens, lawful permanent residents, and foreign nationals" with various and sporadic qualifications. Some ofthe qualifications include,"...who have been unreasonably burdened or denied boarding on commercial flights due to their placement on the watchlist,"^ 319, or "...who have not been arrested, charged, or convicted of a terrorism-related offense,"1296,or "...who are or who are perceived as Muslim, Arab, Middle Eastern, or otherwise belonging to a racial, ethnic, or national origin class associated with Muslim-majority regions ofthe world," 340, or, simply,"...on federal terrorist watchlists." T1299. Despite these sweeping claims, the Court considers Ae present allegations to the extent they apply to the three individually-named plaintiffs. ^ Russell Travers is now the Acting Director ofthe National Counterterrorism Center. Dockets.Justia.com

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