Gilmore v. Gonzales

by the United States Court of Appeals for the Ninth Circuit

435 F.3d 1125

JOHN GILMORE, Plaintiff-Appellant

v.

ALBERTO R. GONZALES, in his official capacity as Attorney General of the United States; ROBERT MUELLER, in his official capacity as Director of the Federal Bureau of Investigation; NORMAN MINETA, in his official capacity as Secretary of Transportation; MICHAEL CHERTOFF, in his official capacity as Secretary of the Department of Homeland Security; UAL CORPORATION, aka United Airlines; SOUTHWEST AIRLINES; MARION C. BLAKELY, in her official capacity as Administrator of the Federal Aviation Administration; KIP HAWLEY, in his official capacity as Director of the Transportation Security Administration, Defendants-Appellees.

No. 04-15736

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted December 8, 2005
Filed January 26, 2006

Appeal from the United States District Court for the Northern District of California Susan Yvonne Illston, District Judge, Presiding

Before: Stephen S. Trott, Thomas G. Nelson, and Richard A. Paez, Circuit Judges.

Opinion by Judge Paez

COUNSEL

William M. Simpich, Oakland, California; James P. Harrison, Sacramento, California, for the plaintiff-appellant.

James P. Rathvon, Piper Rudnick LLP, Washington, D.C.; Jane H. Barrett, Piper Rudnick LLP, Los Angeles, California, for the defendant-appellee Southwest Airlines Co.

Peter D. Keisler, Assistant Attorney General; Kevin V. Ryan, United States Attorney; Douglas N. Letter and Joshua Waldman, Department of Justice, Washington, D.C., for defendants-appellees Alberto R. Gonzales, Attorney General, et al.

Lee Tien and Kurt Opsahl, San Francisco, California, for amicus Electronic Frontier Foundation.

Marc Rotenberg and Marcia Hofmann, Washington, D.C., for amicus Electronic Privacy Information Center.

Deborah Pierce and Linda Ackerman, San Francisco, California; Rachel Meeropol, New York, New York, for amici The Center for Constitutional Rights and Privacy Activism.

Reginald T. Shuford and Catherine Y. Kim, New York, New York; Aaron Caplan, Seattle, Washington; Michael E. Kipling, Summit Law Group, Seattle, Washington, for amici American Civil Liberties Union Foundation and American Civil Liberties Union for Washington.