Last October, the ACLU filed suit after an incident that still boggles my mind. As Cecilia Wang of the ACLU described the background at the time:
On February 22, 2017, Delta Airlines Flight 1583 departed San Francisco and headed for John F. Kennedy Airport in New York. As the plane was landing, passengers heard a strange announcement.
Speaking over the intercom, a flight attendant announced that everyone would have to show their documents in order to get off the plane. After passengers expressed their consternation, the flight attendant repeated her announcement, stating that officers would be meeting the plane and every passenger would have to show government-issued ID to deplane.
The case, Amadei v. Duke, was filed in Eastern District New York (Duke’s the Acting Secretary of Homeland Security). The government is not having an easy time trying to get this case dismissed. The docket for yesterday shows:
MEMORANDUM & ORDER, For the foregoing reasons, Defendants’ motion to dismiss (Dkt. 32 ) is DENIED. Defendants’ motion to dismiss Plaintiffs’ APA claim is DENIED. Defendants’ motion to stay discovery pending a decision on Defendants’ motion to dismiss (Dkt. 70 ) is DENIED as moot. So Ordered by Judge Nicholas G. Garaufis on 12/13/2018. (Lee, Tiffeny) (Entered: 12/13/2018)
I’ve uploaded the memorandum and order, below.
123114973516h/t, Law360.com