Case: Askins v. U.S. Department of Homeland Security

3:12-cv-02600 | U.S. District Court for the Southern District of California

Filed Date: Oct. 24, 2012

Case Ongoing

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Case Summary

On October 24, 2012, two U.S. citizens detained by U.S. Customs and Border Protection (CBP) after taking pictures of ports of entry filed a lawsuit in the U.S. District Court for the Southern District of California, under 5 U.S.C. § 702, 28 U.S.C. § 2201 and Bivens, against CBP, an agency within the Department of Homeland Security. The plaintiffs, represented by attorneys from the ACLU of San Diego and private counsel, sought injunctive, declaratory, and monetary relief, alleging that CBP's policy and practice of prohibiting the use of camera and video recording devices at or near CBP-controlled facilities without CBP's prior approval was unconstitutional, in violation of the plaintiffs' First and Fourth Amendment rights.

The complaint explained that, as the Human Rights Director of Alliance San Diego, the plaintiff ran a blog and took pictures of the port of entry, CBP officers, and attempted to detail suspicious activity of law enforcement officers. The complaint detailed two separate interactions one of the plaintiffs had with CBP officers. On both occasions, the officers confiscated his camera/phone and deleted the pictures the plaintiff had taken of the entry port and male officers patting down females. On the first occasion, the plaintiff was also detained, and he claimed an officer used excessive force to take his camera away and arrest him. On both occasions, CBP officers explained it was their policy to not permit pictures to be taken. On this basis, the plaintiff claimed his First Amendment right to take pictures and use them in his blog was violated. Additionally, the plaintiffs claimed that undergoing an unreasonable search and seizure of their persons and their phones violated their Fourth Amendment rights.

On January 29, 2013, the plaintiffs filed for a preliminary injunction.

On February 19, 2013, the defendants filed a motion to dismiss for failure to state a claim.

On April 12, 2013, the District Court (Judge Thomas J. Whelan) denied the plaintiffs' motion for a preliminary injunction because the plaintiffs failed to show citizens had a First Amendment right to photograph the interior of secondary inspection areas for US ports of Entry, that they suffered irreparable harm, or that the First Amendment concerns outweighed the public interest of border security. 2013 WL 1561546.

On September 30, 2013, the court granted the defendant's motion to dismiss in part and denied the motion in part. The court dismissed without prejudice the claim that the defendant’s policy against picture taking violated the plaintiffs' First Amendment rights. The court also dismissed with prejudice the plaintiffs' claim that their Fourth Amendment rights were violated because the CBP photography policy was unconstitutional because the policy did not say the officers must delete the pictures. However, the claim that the practice of deleting the pictures and temporarily detaining the plaintiffs was not dismissed and neither was the claim for excessive use of force. 2013 WL 5462296.

On November 27, 2013, the defendants filed a motion for reconsideration of the partial dismissal of their motion to dismiss the case. On April 17, 2014 the court found that permitting leave to amend the plaintiffs' First Amendment claim was proper. However, the court ordered further briefing by the plaintiffs and the defendants because the lack of probable cause claim required reconsideration. 2014 WL 1600410.

On April 24, 2014, the plaintiffs, and on May 1, 2014, the defendants, filed supplementary briefing.

On January 29, 2015, the court granted the defendant’s motion for reconsideration because taking pictures of the port of entry was considered a crime and therefore the CBP officers had probable cause to assume the plaintiffs had committed a crime. Under this logic, the court found a warrantless search was permissible. However, the remaining Fourth Amendment claim of excessive force remained. 2015 WL 12434362.

On November 6, 2015, the plaintiffs filed an amended complaint. The new complaint removed the plaintiffs' Fourth Amendment claims and emphasized the First Amendment claims surrounding the CBP photography restriction and the importance of the removal of this policy.

On December 18, 2015 and January 8, 2016, the defendant’s filed a motion to dismiss the complaint again for failure to state a claim. On March 23, 2016 the court found the First Amendment claim was substantively the same and therefore the complaint was dismissed with prejudice. 2016 WL 4597529.

On May 17, 2016 the plaintiffs filed an appeal to the Ninth Circuit.

On September 28, 2016, the plaintiffs submitted a brief for review explaining why their complaint should not be barred by case law and their amended complaint to reiterate the factual and legal underpinnings. These alternations were ignored by the district court.

On October 5, 2016, the CATO institute, the Reporters Committee for Freedom of the Press, and seven media organization filed amicus briefs. The CATO brief argued that the First Amendment protected taking pictures of officers and the CBP’s policy failed the strict scrutiny test because the restriction of photography in this way did not leave alternative options. The Reporters Committee argued that photography and visual recording were essential elements of the media’s reporting of numerous matters of public concern, including those arising at the border. They also claimed there were strong policy reasons to allow photographing public officials including CBP officials and national security concerns did not provide the compelling interest to justify the CBP media restrictions.

On August 14, 2018 the Ninth Circuit vacated the District Court's holding on the First Amendment claim and remanded for further proceedings. The court found the First Amendment claim to not be precluded from reconsideration based on the earlier dismissal of the Fourth Amendment claim. Moreover, the court held that the government’s action was content-based restriction of speech in a public forum and required a more substantial showing that banning photography achieved the compelling interest of promoting border security. 899 F.3d 1035.

Discovery continued throughout much of 2017 and 2018. Plaintiffs filed an amended complaint on June 10, 2019 that focused on their First Amendment claims.

On September 16, 2019, the case was transferred to Magistrate Judge Allison Goddard, who oversaw discovery and settlement negotiations. Settlement negotiations continued until September 8, 2020, when parties submitted a joint stipulation of settlement to the Court. In the settlement, Defendants agreed not to stop people from taking pictures or videos at ports of entry, not to require prior authorization to do so, and not to seize or destroy pictures or videos taken at ports of entry. The settlement provided that the Court would retain jurisdiction over enforcement issues for five years. The Court approved the settlement on the same day, and dismissed the case.

In December 2020, the parties identified a disagreement in interpretation of the defendants' obligations to disseminate written instructions to personnel and employees in accordance with the settlement agreement. The following month, on January 6, the Court issued an order finding that the defendants were compliant with the terms of the settlement.

As of March 21, 2025, there have been no further developments.

Summary Authors

Emma Bao (5/28/2013)

Taylor Brook (2/9/2018)

Dan Toubman (5/29/2020)

Isobel Blakeway-Phillips (3/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4192373/parties/askins-v-united-states-department-of-homeland-security/

Judge(s)

Attorney for Plaintiff

Callahan, Samuel Francis (California)

Child, Emily (California)

Attorney for Defendant

Attorney, Thomas G.

Buckingham, Stephen J. (California)

Expert/Monitor/Master/Other

Brown, Bruce D.

Judge(s)

Goddard, Allison H. (California)

Attorney for Plaintiff

Callahan, Samuel Francis (California)

Child, Emily (California)

D'Amico, Sara (California)

David, Jeffrey M. (California)

Director, John David

Ebadolahi, Mitra (California)

Gersch, David Paul (California)

Gosling, Kimberly Rhea (California)

Jones, Robert Stanton (California)

Loy, John David (California)

Luk, Arthur (California)

Markovitz, Jonathan Paul (California)

Prendergast, Mary (California)

Riordan, Sean Connor (California)

Thompson, Sarah D. (California)

Woodmansee, Mark Andrew (California)

Attorney for Defendant

Attorney, Thomas G.

Buckingham, Stephen J. (California)

Craigmyle, Bradley (California)

CV, U S (California)

Knapp, Cody Taylor (California)

Nemeroff, Patrick George (California)

Pitz, Taylor Nicole (California)

Swinton, Nathan Michael (California)

Westmoreland, Rachael Lynn (California)

Other

Brown, Bruce D.

Shapiro, Ilya

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:12-cv-02600	Docket [PACER]	April 24, 2020	April 24, 2020 Docket
1-4 3:12-cv-02600	Complaint For Declaratory And Injunctive Relief and Damages	Oct. 24, 2012	Oct. 24, 2012 Complaint
34 3:12-cv-02600	Order Denying Motion for Preliminary Injunction	April 12, 2013	April 12, 2013 Order/Opinion 2013 WL 1561546
42 3:12-cv-02600	Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [DOC. 22] with Leave to Amend	Sept. 30, 2013	Sept. 30, 2013 Order/Opinion 2013 WL 5462296
49 3:12-cv-02600	Order: (1) Granting in Part and Denying in Part Defendants' Motion for Reconsideration [DOC. 46]; and (2) Requiring Further Briefing	April 17, 2014	April 17, 2014 Order/Opinion 2014 WL 1600410
56 3:12-cv-02600	Order Granting-in-Part Defendants' Motion for Reconsideration [DOC. 46]	Jan. 29, 2015	Jan. 29, 2015 Order/Opinion 2015 WL 12434362
73 3:12-cv-02600	Order Granting Defendants' Motion to Dismiss [DOC. 65]	March 23, 2016	March 23, 2016 Order/Opinion 2016 WL 4597529
16-55719 3:12-cv-02600	Opinion U.S. Court of Appeals for the Ninth Circuit	Aug. 14, 2018	Aug. 14, 2018 Order/Opinion 899 F.3d 1035
108 & 108-1 to 108-4 3:12-cv-02600	Second Amended Complaint for Declaratory and Injunctive Relief	June 10, 2019	June 10, 2019 Complaint
197 3:12-cv-02600	Joint Stipulation of Settlement and Motion for Order of Approval Askins v. United States Department of Homeland Security	Sept. 8, 2020	Sept. 8, 2020 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
CATO Institute Legal Brief Askins v. Department of Homeland Security CATO Institute	CATO Institute Legal Brief Askins v. Department of Homeland Security	Feb. 9, 2018	Feb. 9, 2018 https://www.cato.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4192373/askins-v-united-states-department-of-homeland-security/

Last updated March 31, 2026, 5:15 a.m.

ECF Number	Date	Description	Link
1	Oct. 24, 2012	COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 0974-5278217.), filed by Christian Ramirez, Ray Askins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)The new case number is 3:12-cv-2600-W-BLM. Judge Thomas J. Whelan and Magistrate Judge Barbara Lynn Major are assigned to the case. (Woodmansee, Mark)(vam) (cap). (Entered: 10/25/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Civil Cover Sheet View on PACER	RECAP
2	Oct. 24, 2012	NOTICE of Party With Financial Interest by Ray Askins, Christian Ramirez. (vam) (cap). (Entered: 10/25/2012)	RECAP
3	Oct. 25, 2012	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (vam) (cap). (Entered: 10/25/2012)	RECAP
4	Dec. 6, 2012	NOTICE of Appearance by Patrick George Nemeroff on behalf of David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Nemeroff, Patrick)(srm). (Entered: 12/06/2012)	RECAP
5	Dec. 7, 2012	NOTICE of Appearance by Mary Prendergast on behalf of Ray Askins, Christian Ramirez (Prendergast, Mary) (srm). (Entered: 12/07/2012)	RECAP
6	Dec. 7, 2012	NOTICE of Appearance by Kimberly Rhea Gosling on behalf of Ray Askins, Christian Ramirez (Gosling, Kimberly) (srm). (Entered: 12/07/2012)	RECAP
7	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. Billy Whitford served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
8	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. David V. Aguilar served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
9	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. Frank Jaramillo served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
10	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. United States Customs and Border Protection Officers served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
11	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. United States Department of Homeland Security served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
12	Dec. 7, 2012	SUMMONS Returned Executed by Christian Ramirez, Ray Askins. David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)	RECAP
13	Dec. 7, 2012	NOTICE of Appearance by John David Loy on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Loy, John) (srm). (Entered: 12/07/2012) 1 Proof of Service View on PACER	RECAP
14	Dec. 7, 2012	NOTICE of Appearance by Sean Connor Riordan on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Riordan, Sean) (srm). (Entered: 12/07/2012) 1 Proof of Service View on PACER	RECAP
15	Dec. 11, 2012	Joint MOTION for Extension of Time to File Response/Reply to Complaint by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 12/11/2012)	RECAP
16	Dec. 11, 2012	ORDER Granting 15 Joint Motion for Extension of Time to File Response. Defendants are directed to respond to 1 Complaint no later than January 30, 2013. Signed by Judge Thomas J. Whelan on 12/11/2012. (srm) (jcj). (Entered: 12/12/2012)	RECAP
17	Jan. 25, 2013	Joint MOTION for Extension of Time to File Response/Reply to Complaint by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 01/25/2013)	RECAP
18	Jan. 29, 2013	ORDER Granting 17 Joint Motion for Extension of Time to File Response/Reply. Defendants' answer/response due 2/13/2013. Signed by Judge M. James Lorenz on 1/28/2013. (srm) (jcj). (Entered: 01/29/2013)	RECAP
19	Jan. 29, 2013	MOTION for Preliminary Injunction by Ray Askins, Christian Ramirez. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Askins, # 3 Declaration Ramirez, # 4 Declaration Young, # 5 Declaration Woodmansee, # 6 Exhibit A to Woodmansee Dec, # 7 Exhibit B to Woodmansee Dec, # 8 Exhibit C to Woodmansee Dec, # 9 Exhibit D to Woodmansee Dec, # 10 Exhibit E to Woodmansee Dec)(Woodmansee, Mark Andrew) (srm). (Entered: 01/29/2013) 1 Memo of Points and Authorities View on PACER 2 Declaration Askins View on PACER 3 Declaration Ramirez View on PACER 4 Declaration Young View on PACER 5 Declaration Woodmansee View on PACER 6 Exhibit A to Woodmansee Dec View on PACER 7 Exhibit B to Woodmansee Dec View on PACER 8 Exhibit C to Woodmansee Dec View on PACER 9 Exhibit D to Woodmansee Dec View on PACER 10 Exhibit E to Woodmansee Dec View on PACER	RECAP
20	Feb. 5, 2013	NOTICE of Appearance by Jeffrey M. David on behalf of Ray Askins, Christian Ramirez (David, Jeffrey) (srm). (Entered: 02/05/2013)	RECAP
21	Feb. 6, 2013	ORDER Resetting Hearing Date and Setting Briefing Schedule on 19 Plaintiff's Motion for Preliminary Injunction. The hearing date for the motion is rescheduled to March 27, 2013 at 10:00 a.m. Defendants' opposition due February 22, 2013. Plaintiff's reply due March 1, 2013. Signed by Judge Thomas J. Whelan on 2/6/2013. (srm) (Entered: 02/06/2013)	RECAP
22	Feb. 13, 2013	MOTION to Dismiss for Failure to State a Claim by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Nemeroff, Patrick) Modified on 2/14/2013, notice of non-compliance prepared (srm). (Entered: 02/13/2013) 1 Memo of Points and Authorities View on PACER 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP 6 Exhibit E View on RECAP	RECAP
23	Feb. 14, 2013	NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re 22 MOTION to Dismiss for Failure to State a Claim filed by Billy Whitford, Frank Jaramillo, David V. Aguilar, United States Department of Homeland Security. (srm) (Entered: 02/14/2013)	RECAP
24	Feb. 19, 2013	Joint MOTION for Leave to File Excess Pages by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 02/19/2013)	RECAP
25	Feb. 20, 2013	Joint MOTION for Extension of Time to File Briefs for Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 02/20/2013)	RECAP
26	Feb. 20, 2013	ORDER Granting 24 Motion for Leave to File Excess Pages. Signed by Judge Thomas J. Whelan on 2/20/2013. (srm) (jcj). (Entered: 02/20/2013)	RECAP
27	Feb. 22, 2013	RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Declaration of Billy Whitford)(Nemeroff, Patrick) (srm). (Entered: 02/22/2013) 1 Declaration of Billy Whitford View on PACER	RECAP
28	Feb. 27, 2013	ORDER Resetting Hearing Date and Setting Briefing Schedule. The hearing date for Plaintiff's Motion For Preliminary Injuction is rescheduled for 4/15/2013 10:30 AM before Judge Thomas J. Whelan. Hearing on Defendants' Motion to Dismiss reschedule for 4/15/2013. The Court will decided motion on the papers and without oral argument. Replies to Motion for Preliminary Injunction due 3/8/2013. Replies to Motion to Dismiss due by 3/27/2013. Signed by Judge Janis L. Sammartino on 2/27/2013. (srm) (jcj). (Entered: 02/27/2013)	RECAP
29	March 7, 2013	Joint MOTION for Leave to File Excess Pages for Plaintiffs Reply in Support of Motion for Preliminary Injunction and Defendants Reply in Support of Motion to Dismiss by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 03/07/2013)	RECAP
30	March 8, 2013	REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by Ray Askins, Christian Ramirez. (Attachments: # 1 Declaration Askins, # 2 Declaration Woodmansee, # 3 Exhibit A to Woodmansee Decl, # 4 Exhibit B to Woodmansee Decl, # 5 Exhibit C to Woodmansee Decl)(Woodmansee, Mark Andrew) (srm). (Entered: 03/08/2013) 1 Declaration Askins View on PACER 2 Declaration Woodmansee View on PACER 3 Exhibit A to Woodmansee Decl View on PACER 4 Exhibit B to Woodmansee Decl View on PACER 5 Exhibit C to Woodmansee Decl View on PACER	RECAP
31	March 11, 2013	ORDER Granting 29 Joint Motion for Leave to File Excess Pages, Extending Page Limit For Multiple Reply Briefs. Signed by Judge Thomas J. Whelan on 3/11/2013. (srm) (jcj). (Entered: 03/12/2013)	RECAP
32	March 13, 2013	RESPONSE in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 03/13/2013)	RECAP
33	March 27, 2013	REPLY to Response to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (leh). (Entered: 03/27/2013)	RECAP
34	April 12, 2013	ORDER Vacating Preliminary Injunction Hearing. The Court VACATES the April 15, 2013 hearing date on (Doc. 19 ) Plaintiff's motion for preliminary injunction. There shall be no oral argument on this matter. Signed by Judge Thomas J. Whelan on 4/12/2013. (srm) (jcj). (Entered: 04/12/2013)	Clearinghouse
35	April 12, 2013	ORDER Denying 19 Motion for Preliminary Injunction. Signed by Judge Thomas J. Whelan on 4/12/2013. (srm)	RECAP
36	Aug. 9, 2013	ORDER TO SHOW CAUSE. Plaintiffs and Defendants are directed to submit briefs to this Court addressing the questions no later than 5:00 PM on August 23, 2013. Signed by Judge Thomas J. Whelan on 8/9/2013.(vam) (Entered: 08/09/2013)	RECAP
37	Aug. 14, 2013	Joint MOTION for Extension of Time to File Response to Order to Show Cause by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) Modi (vam). (Entered: 08/14/2013)	RECAP
38	Aug. 15, 2013	ORDER Extending Deadline to File Supplementary Briefing in Response to Order to Show Cause 37 . The Court grants the joint motion, and extends the deadline to file simultaneous supplemental briefing in response to the Court's Order to Show Cause to September 20, 2013 at 5:00 p.m. Signed by Judge Thomas J. Whelan on 8/15/2013. (vam) (Entered: 08/15/2013)	RECAP
39	Sept. 20, 2013	SUPPLEMENTAL BRIEFING by Defendants David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford re 36 Order to Show Cause . (Nemeroff, Patrick) (vam). (Entered: 09/20/2013)	RECAP
40	Sept. 20, 2013	SUPPLEMENTAL BRIEFING by Plaintiffs Ray Askins, Christian Ramirez re 36 Order to Show Cause Regarding Motion to Dismiss. (Woodmansee, Mark Andrew) (vam). (Entered: 09/20/2013)	RECAP
41	Sept. 23, 2013	AMENDED DOCUMENT by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. Amendment to 39 Supplemental Briefing . (Nemeroff, Patrick) (vam). (Entered: 09/23/2013)	RECAP
42	Sept. 30, 2013	ORDER Granting in Part and Denying in Part 22 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, the Court Grants in Part and Denies in Part Defendants' motion to dismiss. The Court Further Orders that the Defendan ts' motion to dismiss with respect to Plaintiffs' First Amendment claims is Granted With Leave to Amend. This dismissal applies only to Plaintiffs' claims that the Defendants' photography policy is unconstitutional under the First Amendment. To the extend Defendants move to dismiss Plaintiffs' First Amendment claims because they do not establish a pattern or practice the motion is Denied. Defendants did not move to dismiss the remaining First Amendment claims. Defendant s' motion to dismiss Plaintiffs' Fourth Amendment claims, to the extent that Plaintiffs claim that Defendants photography policyexplicitly condones deletion of photographs, is Granted. Because Plaintiffs cannot show that Defendants' wr itten policy condones deletion of pictures, leave to amend would be futile, and this claim is thus Dismissed with Prejudice. Defendants motion to dismiss the remainder of Plaintiffs' Fourth Amendment claims is Denied. Signed by Judge Thomas J. Whelan on 9/30/2013. (leh)	Clearinghouse
43	Oct. 24, 2013	Joint MOTION for Extension of Time to File Motion for Clarification or Reconsideration by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (leh). (Entered: 10/24/2013)	RECAP
44	Oct. 24, 2013	ORDER Granting 43 Joint Motion for Extension of Time to File Motion for Clarification or Reconsideration. It is hereby ordered that Defendant's shall file any such motion by 11/27/2013. Signed by Judge Thomas J. Whelan on 10/24/2013. (leh) (Entered: 10/25/2013)	RECAP
45	Nov. 22, 2013	NOTICE by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford of Substitution of Counsel (Buckingham, Stephen)Attorney Stephen J. Buckingham added to party David V. Aguilar(pty:dft), Attorney Stephen J. Buckingham added to party Frank Jaramillo(pty:dft), Attorney Stephen J. Buckingham added to party United States Customs and Border Protection Officers(pty:dft), Attorney Stephen J. Buckingham added to party United States Department of Homeland Security(pty:dft), Attorney Stephen J. Buckingham added to party Billy Whitford(pty:dft) (srm). (Entered: 11/22/2013)	RECAP
46	Nov. 27, 2013	MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities)(Buckingham, Stephen) (ag). (Entered: 11/27/2013) 1 Memo of Points and Authorities View on PACER	RECAP
47	Dec. 11, 2013	RESPONSE in Opposition re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 12/11/2013)	RECAP
48	Dec. 23, 2013	REPLY to Response to Motion re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Buckingham, Stephen) (knb). (Entered: 12/23/2013)	RECAP
49	April 17, 2014	ORDER granting in part and denying in part Defendants' 46 Motion for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim. Court denies Dfts' motion insofar as Plaintiffs' First Amendment claims as to a pattern or practice, and Plaintiffs' being given leave to amend. Court grants Dfts' motion insofar as Dfts' Fourth Amendment probable-cause analysis and the incorporation of the premise that the CBP policy violated the First Amendment . Court orders further briefing on the issue of the statutory authority for the federal policy property regulations that Dfts argue grounds for the officers' probable cause. Plaintiffs shall file response by 4/24/2014, not exceed 10 pages in length. Dfts shall file reply by 5/1/2014, not to exceed 10 pages in length. Signed by Judge Thomas J. Whelan on 4/17/2014. (jah)	Clearinghouse
50	April 24, 2014	SUPPLEMENTAL BRIEFING on Statutory Authority by Plaintiffs Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew). Modified on 4/25/2014 - Edited text to match pleading (jah). (Entered: 04/24/2014)	RECAP
51	May 1, 2014	SUPPLEMENTAL REPLY re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Buckingham, Stephen). Modified on 5/2/2014 - Edited to remove duplicative text (jah). (Entered: 05/01/2014)	RECAP
52	July 3, 2014	MOTION for Extension of Time to File FTCA Claims (Unopposed Motion) by Ray Askins, Christian Ramirez. (David, Jeffrey) (av1). (Entered: 07/03/2014)	RECAP
53	July 3, 2014	ORDER Granting Joint Motion for an Extension of Time to Amend the Complaint to Add FTCA Claims 52 . Signed by Judge Thomas J. Whelan on 7/3/2014. (vam) (Entered: 07/03/2014)	RECAP
54	July 7, 2014	NOTICE of Appearance by Mitra Ebadolahi on behalf of Ray Askins, Christian Ramirez (Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party Ray Askins(pty:pla), Attorney Mitra Ebadolahi added to party Christian Ramirez(pty:pla) (av1). (Entered: 07/07/2014)	RECAP
55	Dec. 30, 2014	NOTICE by Ray Askins, Christian Ramirez Notice of Withdrawal of Attorney, Sean Riordan (Loy, John) (jpp). (Entered: 12/30/2014)	RECAP
56	Jan. 29, 2015	ORDER granting-in-part 46 Defendants' motion for reconsideration. The Court grants-in-part Defendants motion for reconsideration and dismisses-in part Plaintiffs Fourth Amendment claims, but only to the extent that Plaintiffs claim Defendants photography policy to be violative of the Fourth Amendment. Moreover, given that the Courts finding is one of law, leave to amend would be futile, and thus the dismissal is with prejudice. Signed by Judge Thomas J. Whelan on 01/29/2015.(jpp) (Entered: 01/29/2015)	Clearinghouse
57	March 10, 2015	NOTICE by Ray Askins, Christian Ramirez of Withdrawal of Attorney Jeffrey M. David (Woodmansee, Mark Andrew) (jpp). (Entered: 03/10/2015)	RECAP
58	Sept. 28, 2015	Joint MOTION for Order to Set Deadlines for First Amended Complaint and Response by Ray Askins, Christian Ramirez. (Gosling, Kimberly) (jpp). (Entered: 09/28/2015)	RECAP
59	Oct. 6, 2015	ORDER granting 58 Joint Motion to set deadlines for First Amended Complaint and response. Plainttiffs must file the FAC, if at all, on or before November 5, 2015. Defendants must respond to the FAC on or before December 7, 2015.Signed by Judge Thomas J. Whelan on 10/06/2015. (jpp) (Entered: 10/06/2015)	RECAP
60	Nov. 5, 2015	AMENDED COMPLAINT against United States Department of Homeland Security, Billy Whitford, SIDNEY K. AKI, R. GIL KERLIKOWSKE, filed by Christian Ramirez, Ray Askins. (Attachments: # 1 Exhibit, # 2 Proof of Service)New Summons Requested. (Ebadolahi, Mitra) (jpp). (Entered: 11/05/2015) 1 Exhibit View on PACER 2 Proof of Service View on PACER	RECAP
61	Nov. 6, 2015	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jpp) (Entered: 11/06/2015)	RECAP
62	Dec. 3, 2015	NOTICE of Appearance by Nathan Michael Swinton on behalf of David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Swinton, Nathan)Attorney Nathan Michael Swinton added to party Sidney K Aki(pty:dft), Attorney Nathan Michael Swinton added to party R Gil Kerlikowske(pty:dft), Attorney Nathan Michael Swinton added to party United States Customs and Border Protection Officers(pty:dft), Attorney Nathan Michael Swinton added to party United States Department of Homeland Security(pty:dft), Attorney Nathan Michael Swinton added to party Billy Whitford(pty:dft) (jpp). (Entered: 12/03/2015)	RECAP
63	Dec. 3, 2015	Joint MOTION for Extension of Time to File Response/Reply to First Amended Complaint by Sidney K Aki, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Swinton, Nathan) (jpp). (Entered: 12/03/2015)	RECAP
64	Dec. 4, 2015	ORDER granting 63 Joint Motion for Extension of Time to respond to the First Amended complaint. Defendant must respond to the FAC on or before December 18, 2015. Signed by Judge Thomas J. Whelan on 12/04/2015. (jpp) (Entered: 12/04/2015)	RECAP
65	Dec. 18, 2015	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Sidney K Aki, R Gil Kerlikowske, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities)(Buckingham, Stephen)Attorney Stephen J. Buckingham added to party Sidney K Aki(pty:dft), Attorney Stephen J. Buckingham added to party R Gil Kerlikowske(pty:dft) (jpp). (Entered: 12/18/2015) 1 Memo of Points and Authorities View on RECAP	RECAP
66	Jan. 7, 2016	Joint MOTION for Extension of Time to File Response/Reply on Motion to Dismiss by Ray Askins, Christian Ramirez. (Attachments: # 1 Proof of Service)(Loy, John)(jao). (Entered: 01/07/2016) 1 Proof of Service View on PACER	RECAP
67	Jan. 8, 2016	ORDER Granting 66 Joint Motion for Extension of Time to File Response/Reply re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . In accordance with the dates appearing in the pending joint motion, Plaintiffs must file any opposition to the pending motion to dismiss on or before February 1, 2016. Defendants must file any reply by February 16, 2016. The motion to dismiss is presently noticed for January 25, 2016. [Doc. 65.] The hearing date is continued to February 29, 2016. There will be no oral argument pursuant to Civil Local Rule 7.1(d.1). Signed by Judge Thomas J. Whelan on 1/8/2016. (jao) (Entered: 01/08/2016)	RECAP
68	Jan. 22, 2016	MOTION to Withdraw as Attorney by Ray Askins, Christian Ramirez. (Attachments: # 1 Declaration of M. Andrew Woodmansee)(Woodmansee, Mark Andrew) (jao). (Entered: 01/22/2016) 1 Declaration of M. Andrew Woodmansee View on PACER	RECAP
69	Jan. 29, 2016	NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Ray Askins(pty:pla), Attorney Jonathan Paul Markovitz added to party Christian Ramirez(pty:pla) (jao). (Entered: 01/29/2016) 1 Proof of Service View on PACER	RECAP
70	Feb. 1, 2016	RESPONSE in Opposition re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Ray Askins, Christian Ramirez. (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra) (jao). (Entered: 02/01/2016) 1 Proof of Service View on PACER	RECAP
71	Feb. 8, 2016	ORDER Granting 68 Motion to Withdraw as Attorney. Attorneys Mark Andrew Woodmansee, Kimberly Rhea Gosling, and Mary Prendergast terminated. Signed by Judge Thomas J. Whelan on 2/8/2016. (jao) (Entered: 02/08/2016)	RECAP
72	Feb. 16, 2016	REPLY to Response to Motion re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by David V. Aguilar, Sidney K Aki, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers. (Swinton, Nathan) (jao). (Entered: 02/16/2016)	RECAP
73	March 23, 2016	ORDER Granting 65 Defendants' Motion to Dismiss. The Court grants Defendants' motion to dismiss without leave to amend. This action is dismissed with prejudice. The Clerk is directed to close the case. Signed by Judge Thomas J. Whelan on 3/23/2016. (jao) (sjt). (Entered: 03/23/2016)	Clearinghouse
74	March 23, 2016	CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grants Defendants' motion to dismiss without leave to amend. This case is dismissed with prejudice.(jao) (Entered: 03/23/2016)	RECAP
75	May 17, 2016	NOTICE OF APPEAL to the 9th Circuit as to 74 Clerk's Judgment, by Ray Askins, Christian Ramirez. (Filing fee $ 505 receipt number 0974-9069902.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra). (akr). (Entered: 05/17/2016) 1 Proof of Service View on PACER	RECAP
76	May 17, 2016	USCA Case Number 16-55719 for 75 Notice of Appeal to 9th Circuit, filed by Christian Ramirez, Ray Askins. (akr) (Entered: 05/17/2016)	RECAP
77	May 17, 2016	USCA Time Schedule Order as to 75 Notice of Appeal to 9th Circuit, filed by Christian Ramirez, Ray Askins. (akr) (Entered: 05/17/2016)	RECAP
78	Feb. 13, 2018	ORDER of USCA as to 75 Notice of Appeal to 9th Circuit, filed by Christian Ramirez, Ray Askins. At oral argument, the parties shall be prepared to address the relevance, if any, of Jacobson v. USDHS, No. 16-17199 (9th Cir. Feb. 13, 2018). (akr) (Entered: 02/13/2018)	RECAP
79	Nov. 1, 2018	NOTICE of Hearing: Appeal Mandate Hearing set for 11/19/2018 10:00 AM in Courtroom 3C before Judge Thomas J. Whelan. (no document attached) (bjb) (Entered: 11/01/2018)	RECAP
80	Nov. 16, 2018	NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Westmoreland, Rachael)Attorney Rachael Lynn Westmoreland added to party David V. Aguilar(pty:dft), Attorney Rachael Lynn Westmoreland added to party Sidney K Aki(pty:dft), Attorney Rachael Lynn Westmoreland added to party DOES 16 through 50(pty:dft), Attorney Rachael Lynn Westmoreland added to party Frank Jaramillo(pty:dft), Attorney Rachael Lynn Westmoreland added to party R Gil Kerlikowske(pty:dft), Attorney Rachael Lynn Westmoreland added to party United States Customs and Border Protection Officers(pty:dft), Attorney Rachael Lynn Westmoreland added to party United States Department of Homeland Security(pty:dft), Attorney Rachael Lynn Westmoreland added to party Billy Whitford(pty:dft) (jao). (Entered: 11/16/2018)	RECAP
81	Nov. 16, 2018	Joint MOTION Reschedule Appeal Mandate Hearing by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Westmoreland, Rachael) (jao). (Entered: 11/16/2018)	RECAP
82	Nov. 19, 2018	ORDER Granting 81 Joint Motion to Reschedule Appeal Mandate Hearing. Appeal Mandate Hearing reset for 12/3/2018 10:00 AM in Courtroom 3C before Judge Thomas J. Whelan. Signed by Judge Thomas J. Whelan on 11/16/2018. (jao) (Entered: 11/19/2018)	RECAP
83	Nov. 30, 2018	Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11953116.) (Application to be reviewed by Clerk.) (Gersch, David) 11/30/2018 - To be refiled re signatures and document format. (mdc) (Entered: 11/30/2018)	RECAP
84	Nov. 30, 2018	Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11953121.) (Application to be reviewed by Clerk.) (D'Amico, Sara) 11/30/2018 - To be refiled re missing signature. (mdc) (Entered: 11/30/2018)	RECAP
85	Nov. 30, 2018	Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974-11953116 - See 83 .) (Application to be reviewed by Clerk.) (Gersch, David) Modified text on 11/30/2018 to include filing fee info. (mdc) (Entered: 11/30/2018)	RECAP
86	Nov. 30, 2018	Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974-11953121 - See 84 .) (Application to be reviewed by Clerk.) (D'Amico, Sara) Modified text on 11/30/2018 to include filing fee info. (mdc) (Entered: 11/30/2018)	RECAP
87	Nov. 30, 2018	PRO HAC APPROVED re 85 : David Paul Gersch appearing for Plaintiffs Ray Askins, Christian Ramirez. (no document attached) (mdc) (Entered: 11/30/2018)	RECAP
88	Nov. 30, 2018	PRO HAC APPROVED re 86 : Sara D'Amico appearing for Plaintiffs Ray Askins, Christian Ramirez. (no document attached) (mdc) (Entered: 11/30/2018)	RECAP
91	Dec. 3, 2018	Minute Entry for proceedings held before Judge Thomas J. Whelan: Appeal Mandate Hearing held on 12/3/2018. Appeal Mandate ordered filed and spread.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney David Gursh). (Defendant Attorney Rachael Westmoreland). (Amy Dail).(no document attached) (llb) (Entered: 12/06/2018)	RECAP
92	Dec. 3, 2018	MANDATE of USCA vacating the decision of the USDC and remanding for further proceedings as to 75 Notice of Appeal to the 9th Circuit filed by Christian Ramirez, Ray Askins. (akr) (Entered: 12/06/2018)	RECAP
89	Dec. 6, 2018	Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11972131.) (Application to be reviewed by Clerk.) (Jones, Robert) (mdc) (Entered: 12/06/2018)	RECAP
90	Dec. 6, 2018	PRO HAC APPROVED re 89 : Robert Stanton Jones appearing for Plaintiffs Ray Askins, Christian Ramirez. (no document attached) (mdc) (Entered: 12/06/2018)	RECAP
93	Jan. 3, 2019	NOTICE of Appearance by Sarah D. Thompson on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Thompson, Sarah)Attorney Sarah D. Thompson added to party Ray Askins(pty:pla), Attorney Sarah D. Thompson added to party Christian Ramirez(pty:pla) (jao). (Entered: 01/03/2019)	RECAP
94	Jan. 10, 2019	MOTION to Stay in Light of the Lapse in Appropriations by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Westmoreland, Rachael) (jao). (Entered: 01/10/2019)	RECAP
95	Jan. 11, 2019	ORDER Granting 94 Ex Parte Motion to Stay During Lapse in Department of Justice Appropriations. Signed by Judge Thomas J. Whelan on 1/11/2019. (jao) (Entered: 01/11/2019)	RECAP
96	Jan. 28, 2019	NOTICE of Restoration of Appropriations by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford re 95 Order on Motion to Stay (Westmoreland, Rachael) (jao). (Entered: 01/28/2019)	RECAP
97	March 8, 2019	ANSWER to 60 Amended Complaint, by United States Customs and Border Protection Officers, David V. Aguilar, Billy Whitford, DOES 16 through 50, Sidney K Aki, Frank Jaramillo, R Gil Kerlikowske, United States Department of Homeland Security.(Westmoreland, Rachael) (jao). (Entered: 03/08/2019)	RECAP
98	March 11, 2019	NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 4/5/2019 01:30 PM before Magistrate Judge Barbara Lynn Major. In the event the case does not settle duringthe ENE, the Court will conduct an Initial Case Management Conference. Joint Discovery Plan due 3/29/2019. Signed by Magistrate Judge Barbara Lynn Major on 3/11/2019.(jao) (Entered: 03/11/2019)	RECAP
99	March 26, 2019	NOTICE of Withdrawal of Counsel, Jonathan Markovitz by Ray Askins, Christian Ramirez (Markovitz, Jonathan) (jao). (Entered: 03/26/2019)	RECAP
100	March 29, 2019	JOINT DISCOVERY PLAN by Ray Askins, Christian Ramirez (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(D'Amico, Sara) (ag). (Entered: 03/29/2019)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 24, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two U.S. citizens detained by CBP officers after taking pictures of ports of entry.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Southern District of California 3:12-cv-02600

U.S. Court of Appeals for the Ninth Circuit 16-55719

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Required disclosure

Training

Issues

General/Misc.:

Policing:

Recommended Citation

Case Summary of Askins v. U.S. Department of Homeland Security, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12543/ (last updated 3/20/2025).