Haase v. Webster
| Decision Date | 09 December 1986 |
| Docket Number | No. 85-5816,85-5816 |
| Parties | Edward HAASE, Appellant v. William H. WEBSTER, Director, F.B.I., et al. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Appeal from the United States District Court for the District of Columbia (D.C.Civil Action No. 85-0587).
David D. Cole, with whom Michael D. Ratner, New York City, and John J. Privitera, Washington, D.C., were on brief, for appellant. Frank E. Deale, New York City, also entered an appearance for appellant.
Edith S. Marshall, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on brief, for appellees.
Before WALD, Chief Judge, BUCKLEY, Circuit Judge, and EDWARD D. RE, * Chief Judge, United States Court of International Trade.
Opinion for the court filed by Circuit Judge BUCKLEY.
Edward Haase appeals the district court's dismissal of his complaint for injunctive and declaratory relief against the Director of the Federal Bureau of Investigation ("FBI"), the Commissioner of the U.S. Customs Service ("Customs"), and a number of their subordinates. The complaint arose out of a search of Haase's luggage upon his return to the United States from a trip to Nicaragua. The district court ruled that Haase's request for injunctive relief had been mooted by developments subsequent to the search, and that Haase was without standing to seek declaratory relief. For the reasons stated below, we affirm the district court's ruling with respect to the injunctive relief sought by Haase and reverse its ruling with respect to Haase's request for declaratory relief. 1
Edward Haase is a broadcast engineer and freelance journalist from Kansas City, Missouri. As a journalist, he has taken an active interest in Nicaraguan affairs and has written articles critical of United States policy toward that country. He is also active in organizations that share his opposition to U.S. policy in Central America.
Haase has traveled to Nicaragua on several occasions and on January 16, 1985, was returning to the United States from one such trip. Upon arriving at Miami International Airport, he presented himself at Customs and was asked a number of routine questions. The customs inspector circled certain information on his declaration card (including the country visited, the length of his stay, and the fact that he was declaring books, magazines, and newspapers acquired in Nicaragua) and directed him to a secondary inspection station. At that station, another customs inspector searched Haase's bags and separated some books and magazines from Haase's other possessions. Because of uncertainty as to whether some of the books and magazines might be seditious, the inspector conferred with his supervisor, who decided to obtain FBI assistance in determining whether these materials might be excludable under 19 U.S.C. Sec. 1305(a) (1982). 2
The FBI dispatched an agent to the airport in response to Customs' request. At some point prior to the agent's arrival (the record is unclear as to whether this occurred before or after the FBI was summoned), the second customs inspector found a list of names and addresses that appeared to have been hidden behind a picture frame. The inspector photocopied this list and gave the copy to the FBI agent when he arrived.
The FBI agent briefly questioned Haase and then began to search his luggage for subversive materials. Among the items removed from Haase's bags were his personal address book, a diary containing thoughts recorded during his sojourn in Nicaragua, two articles he had written while out of the country, more magazines, and a five-page list setting forth the names, addresses, and telephone numbers of organizations and individuals concerned about Central American affairs. The FBI agent and a customs officer photocopied these materials and returned the originals to Haase, who was then allowed to pass through Customs and continue his trip to Kansas City.
The photocopies were taken by the FBI agent to his office, where they were kept for the next several weeks. During this period, Haase's attorney twice contacted the FBI's Miami field office to ask for return of the copies, but these efforts were unavailing.
On February 19, 1985, Haase brought an action in district court claiming that the conduct of the FBI and customs agents on January 16 violated his rights under the first, fourth, fifth, and ninth amendments, infringed his right to privacy, and was ultra vires the agents' statutory authority. Haase sought two types of relief. First, he asked for an injunction requiring the government to (1) return or destroy all copies of his papers, (2) disclose all agencies or persons to whom the copies were disseminated, (3) expunge from government files all information gained from his papers, and (4) describe all use made by the FBI of the copies. The second form of relief sought by Haase was a declaration that the seizure and reproduction of his papers violated his constitutional and statutory rights, that it is unlawful for FBI agents to participate in border searches without probable cause or a warrant, and that 19 U.S.C. Sec. 1305(a) is unconstitutional.
On the day the action was commenced, the district court issued a temporary restraining order (1) compelling the government to collect all copies of Haase's papers and place them in the personal custody of FBI Director William Webster in Washington, DC, (2) forbidding the government from making any additional copies, and (3) requiring the government to disclose to the court all agencies to which the documents had been disseminated. Haase subsequently filed a motion requesting expedited discovery, but the government sought and was granted an order staying all discovery.
On March 26, 1985, the government moved for dismissal of Haase's complaint pursuant to Fed.R.Civ.P. 12(b). The government's motion asserted that Haase's complaint was moot insofar as it sought injunctive relief, and that Haase was without standing to seek declaratory relief. In support of its mootness claim, the government stated that it was prepared to place all copies of Haase's papers under seal in the registry of the district court. The government explained that it believed this procedure necessary in order to avoid violation of the district court order in American Friends Service Committee v. Webster, No. 79-1655 (D.D.C. Aug. 27, 1981), aff'd in relevant part, 720 F.2d 29 (D.C.Cir.1983), which prohibited the FBI from destroying or returning seized records without first arranging for an archivist to review the records to assess their historical significance. The government also submitted affidavits from all persons who at any time had custody of the papers establishing that the papers had not been reproduced, that the FBI's Miami field office had not disseminated information derived from the papers to other FBI field offices or other government agencies, and that no new files had been created and no existing files augmented as a result of the FBI's acquisition of the papers. An affidavit was also submitted from an assistant director of the FBI stating that he had ordered all persons who at any time had access to the papers to not disclose any information gained from the papers and not place any such information in government files. The government promised that this order would remain in effect if the district court granted its motion to dismiss.
On April 18, 1985, Haase filed an amended complaint which alleged for the first time that the January 16 incident was the product of a policy of subjecting travelers returning from Nicaragua to intrusive border searches for intelligence-gathering purposes. This allegation was supported by an affidavit of Haase's attorney that recounted the experiences of other travelers who claimed they had been subjected to intrusive border searches upon returning from Nicaragua. Haase also submitted a number of newspaper articles that described such searches, and an additional affidavit in which he explained his plans to return to Nicaragua and the chilling effect that his fear of future border searches will have on his journalistic activities there. On the basis of his amended complaint and supporting materials, Haase argued that he had standing to seek declaratory relief.
The district court ruled on the government's motion to dismiss on May 14, 1985. See Haase v. Webster, 608 F.Supp. 1227 (D.D.C.1985). Noting that the motion had been supported and opposed by affidavit, the court stated that, pursuant to Fed.R.Civ.P. 12(b), it would treat the motion as one for summary judgment. Id. at 1229 n. 1. With respect to Haase's request for injunctive relief, the court ruled that by establishing that Haase's papers had not been disseminated, offering to divest itself of all copies, and promising to prevent future dissemination, the government had "in effect, offered to accede to all the equitable relief [Haase] could conceivably win by way of injunction...." Id. at 1231. The court therefore dismissed as moot Haase's request for injunctive relief. This dismissal was conditioned on placement of all copies of Haase's papers under seal in the registry of the district court.
The court then considered whether Haase had standing to seek declaratory relief. Relying principally on City of Los Angeles v. Lyons, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983), the court ruled that Haase's request for prospective relief did not rise to the level of a case or controversy under article III of the Constitution because he had not demonstrated a sufficient probability that he would be subjected to another search like that of January 16. The court reasoned that it was highly unlikely that Haase would again arouse suspicion by carrying a list of names and addresses behind a picture frame,...
To continue reading
Request your trial
-
Bermingham v. Sony Corp. of America, Inc.
...the presumption of truthfulness. See Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 2944, 92 L.Ed.2d 209 (1986); Haase v. Webster, 807 F.2d 208, 215 (D.C.Cir.1986); Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983); Western ......
-
Biase v. Kaplan
...presumption of truthfulness. See Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 2944-45, 92 L.Ed.2d 209 (1986); Haase v. Webster, 807 F.2d 208, 215 (D.C.Cir.1986); Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983); Western M......
-
Kirchgessner v. Wilentz
...a presumption of truthfulness. See Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 2944, 92 L.Ed.2d 209 (1986); Haase v. Webster, 807 F.2d 208, 215 (D.C.Cir.1986); Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983); Western Mi......
-
Ep Medsystems, Inc. v. Echocath, Inc.
...("[A] court need not credit a complaint's `bald assertions' or `legal conclusions' when deciding a motion to dismiss"); Haase v. Webster, 807 F.2d 208, 215 (D.C.Cir.1986), vacated on other grounds, 835 F.2d 902 (D.C.Cir.1987); Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U......