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Amnesty International USA et al v. McConnell et al

MEMORANDUM OF LAW in Opposition re: 6 MOTION for Summary Judgment. and in Support of Defendants' Cross-Motion for Summary Judgment. Document

104 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,020 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Graham v. Connor

    490 U.S. 386 (1989)   Cited 25,397 times   26 Legal Analyses
    Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

  3. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,679 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  4. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,922 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  5. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,549 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  6. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,441 times   15 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  7. Payton v. New York

    445 U.S. 573 (1980)   Cited 7,650 times   33 Legal Analyses
    Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"

  8. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,510 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  9. Rakas v. Illinois

    439 U.S. 128 (1978)   Cited 6,398 times   27 Legal Analyses
    Holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place"

  10. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,777 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  11. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,516 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  12. Rule 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,151 times   14 Legal Analyses
    Granting of stay is discretionary

  13. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 280 times   10 Legal Analyses
    Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

  14. Section 1805 - Issuance of order

    50 U.S.C. § 1805   Cited 100 times
    Requiring "probable cause to believe . . . the target of the electronic surveillance is a foreign power or an agent of a foreign power"

  15. Section 1881a - Procedures for targeting certain persons outside the United States other than United States persons

    50 U.S.C. § 1881a   Cited 75 times   11 Legal Analyses
    Permitting review of FISA orders by the Foreign Intelligence Surveillance Court

  16. Section 1881f - Congressional oversight

    50 U.S.C. § 1881f   Cited 1 times

    (a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter