Tanvir v. Comey et al
| Muhammad Tanvir |
| James Comey, Christopher M. Piehota, Rand Beers, John S. Pistole, "John" Tanzin, Sanya Garcia, John LNU and John Doe |
| 1:2013cv06951 |
| October 1, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Ronnie Abrams |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
149
OPINION AND ORDER re: 127 SECOND MOTION to Dismiss the Remaining Claims Against the Individual Defendants in the First Amended Complaint. filed by John LNU, John Does 1-9, 11-13, James C. Langenberg, Weysan Dun, Gregg Grossoehmig, Jo hn C. Harley III, Sanya Garcia, "John" Tanzin, Francisco Artousa, Michael LNU, Steven LNU. For the foregoing reasons, Defendants' motion to dismiss is granted. The Clerk of Court is respectfully directed to terminate the motions pending at docket entry 127, and to close this action. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/24/2023) (tg)
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Filing
137
ORDER: The Court intends to hold oral argument on the Individual Defendants' motion to dismiss the First Amended Complaint. By May 23, 2022, the parties shall submit a letter to the Court indicating their availability for argument the weeks of May 30, June 6, and June 13. Unless a request is made to hold argument remotely, the Court will hear argument in person. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/18/2022) (vfr)
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Filing
120
ORDER: Yesterday, the Second Circuit mandate issued in this action, remanding and reinvesting this Court with jurisdiction over this matter. No later than July 16, 2021, the parties shall meet and confer, and submit to the Court a joint letter proposing next steps for this litigation. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/17/2021) (vfr)
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Filing
104
OPINION & ORDER #105808 re: 38 MOTION to Dismiss filed by John LNU, John Doe, John Does 1-9, 11-13, James C. Langenberg, Weysan Dun, Gregg Grossoehmig, John C. Harley III, John Doe 10, Sanya Garcia, "John" Tanzin, William Gal e, Francisco Artousa, Steven LNU, Michael LNU, Michael Rutkowski. Although federal law imposes limits on the investigative tactics federal officials may employ in seeking to keep this nation safe, it also establishes limits on the manner in which an individual may vindicate his rights should those tactics cross the line. For the reasons stated, the law does not permit Plaintiffs to seek damages against the Agents in their personal capacities either under Bivens or RFRA. Accordingly, the Agen ts' motion to dismiss is GRANTED and the claims against FNU Tanzin, Sanya Garcia, Francisco Artusa, John LNU, Michael Rutowski, William Gale, John C. Harley III, Steven LNU, Michael LNU, Gregg Grossochmig, Weysan Dun, James C. Langenberg, John Does 1-6 and 9-13 in their personal capacities are dismissed. The Court on its own motion also dismisses all personal capacity claims against John Does 7 and 8. See Hecht v. Commerce Clearing House, Inc., 897 F.2d 21, 26 n.6 (2d Cir. 1990). As previo usly noted, this opinion does not address the viability of Plaintiffs' official capacity claims and thus expresses no opinion on the merits of their arguments concerning the manner in which individuals are added to the No Fly List or the mechani sms for challenging such inclusion. The parties are directed to submit a joint letter to the Court within 30 days advising how they wish to proceed with respect to those claims. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 9/3/2015) (kko) Modified on 9/3/2015 (soh).
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