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Cassidy v. Chertoff

United States Court of Appeals for the Second Circuit

471 F.3d 67 (2006)

Facts

Michael Cassidy and Robert Cabin (plaintiffs) regularly commuted to work on ferries that were subject to random searches pursuant to the Coast Guard’s antiterrorism regulations. Cassidy used the ferry to transport his car and was asked to open his trunk multiple times before boarding the ferry. Cabin was asked to open his bike pack at least once before boarding the ferry. Cassidy and Cabin filed a lawsuit, seeking injunctive and declaratory relief that would prohibit the government and the transportation company (defendants) from conducting randomized searches. The district court dismissed Cassidy and Cabin’s complaint, finding that the government and its agent, the transportation company, had a special government need to prevent terrorist attacks. Cassidy and Cabin appealed the dismissal of their lawsuit.

Rule of Law

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Issue

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Holding and Reasoning (Sotomayor, J.)

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