Yassir Fazaga, Ali Uddin Malk, Yasser Abdel Rahim v. Federal Bureau of Investigation; Robert Mueller, Director of the Federal Bureau of Investigation, in his official capacity; Steven M. Martinez, Assistant Director in Charge, Federal Bureau of Investigation's Los Angeles Division, in his official capacity; J. Stephen Tidwell; Barbara Walls; Pat Ro
Published: Sep. 8, 2012 | Result Date: Aug. 14, 2012 | Filing Date: Jan. 1, 1900 |Case number: 8:11-cv-00301-CJC -VBK Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Ahilan T. Arulanantham
(ACLU Foundation of Southern California)
Peter Bibring
(ACLU Foundation of Southern California)
Jennifer L. Pasquarella
(ACLU Foundation of Southern California)
Dan L. Stormer
(Hadsell, Stormer, Renick & Dai LLP)
Defendant
Facts
The American Civil Liberties Union of Southern California (ACLU) and the Council on American-Islamic Relations filed a lawsuit against the U.S. government and the FBI, as well as individual FBI agents over the agency's spying on Muslims in Orange County.
The complaint alleged that Craig Monteilth posed as a Muslim convert at the behest of the FBI to collect information at Orange County mosques. Plaintiffs alleged that this "dragnet" investigation indiscriminately targeted Muslims based on their religion. Plaintiffs also alleged that the FBI planted bugs in offices and homes and eavesdropped on private religious conversations. Monteilth filed a separate lawsuit against the government.
Result
After U.S. District Judge Cormac J. Carney reviewed confidential declarations filed by the FBI, he reluctantly reached the decision to dismiss the matter. Judge Carney was convinced that allowing the case to move forward would risk divulging sensitive state secrets and may "significantly compromise national security." He dismissed the action against the governmental entities but allowed the case to proceed against the individual FBI agents.
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