Crooker v. Transp. Sec. Admin.

323 F. Supp. 3d 148
CourtDistrict Court, District of Columbia
DecidedJuly 26, 2018
DocketCIVIL ACTION NO. 18-30011-WGY
StatusPublished
Cited by2 cases

This text of 323 F. Supp. 3d 148 (Crooker v. Transp. Sec. Admin.) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crooker v. Transp. Sec. Admin., 323 F. Supp. 3d 148 (D.D.C. 2018).

Opinion

WILLIAM G. YOUNG, DISTRICT JUDGE

I. INTRODUCTION

The Plaintiff, Michael Alan Crooker ("Crooker"), filed this action against the Transportation Security Administration ("TSA") of the Department of Homeland Security ("DHS") and the Federal Bureau of Investigation of the United States Department of Justice ("FBI" and collectively, the "Defendants") seeking a declaratory judgment that the Defendants' policies, practices and customs violate the United States Constitution and the Administrative Procedure Act. Crooker also seeks an injunction to remedy such violations, including: (1) the removal of Crooker's name from any watch list or database that prevents him from flying, (2) a disclosure of the reasons and bases for his inclusion on the federal government's "No Fly List," and (3) the opportunity to contest such inclusion before a live, neutral decision-maker.

The Defendants moved to dismiss the complaint pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure, asserting that the Court lacks subject matter jurisdiction on the action and that Crooker fails to state a claim upon which relief can be granted. In the alternative, the Defendants request that the Court stay proceedings in this case pending Crooker's exhaustion of his administrative remedies.

A. Procedural History

Crooker filed his complaint on January 19, 2018, Compl., ECF No. 1, and later amended it on March 26, 2018, Am. Compl., ECF No. 38. On April 16, 2018, the Defendants filed a motion to dismiss the amended complaint, Defs.' Mot. Dismiss Am. Compl. ("Defs.' Mot."), ECF No. 43, along with a motion to stay, in the alternative, Defs.' Mot. Stay Am. Compl. ("Defs.' Mot. Stay"), ECF No. 45. Both motions were fully briefed. See Defs.' Mem. Law Supp. Mot. Dismiss ("Defs.' Mem. Dismiss"), ECF No. 44; Defs.' Mem. Law Supp. Mot. Stay ("Defs.' Mem. Stay"), ECF No. 46; Pl.'s Opp'n Defs.' Mot. Stay Am. Compl. ("Pl.'s Opp'n Stay"), ECF No. 47, Pl.'s Opp'n Defs.' Mot. Dismiss Am. Compl. ("Pl.'s Opp'n Dismiss"), ECF No. 48; Defs.' Reply Pl.'s Opp'n ("Defs.' Reply"), ECF No. 51.

After a motion session held on June 11, 2018, at which this Court took the matter under advisement, the parties filed additional briefs. See Defs.' Suppl. Mem. Mot. Dismiss & Mot. Stay ("Defs.' Suppl. Mem."), ECF No. 58; Pl.'s Reply Suppl. ("Pl.'s Suppl. Reply"), ECF No. 59.

B. Facts Alleged

Crooker is a Massachusetts citizen residing in Southwick, Massachusetts, employed *151as a shuttle bus driver for LAZ Fly Airport Parking ("LAZ Fly"), located in Windsor Locks, Connecticut. Am. Compl. ¶ 2. He is an ex-offender released from a federal prison on March 15, 2017, to home confinement and then on August 22, 2017, released from home confinement. Id. ¶ 5. Crooker's convictions were: (a) mailing a threatening communication to an officer of the United States in violation of 18 U.S.C. § 876(c), a Class C felony, and (b) possession of an unregistered toxin in violation of 18 U.S.C. § 175b(c)(1), a Class D felony. Id. The threatening communication was sent from jail to a federal prosecutor. Id.

The Defendants are the agencies of the United States. Id. ¶¶ 3-4. They are described more in detail in the section entitled "Statutory and Regulatory Background," infra.

LAZ Fly is a public sector company and is known as an "off-airport parking company," which has contractual arrangements with the Connecticut Airport Authority ("CAA") to shuttle airline passengers. Id. ¶ 8. LAZ Fly hired Crooker as a shuttle bus driver and he began work on July 13, 2017, at which time his job duties included transporting airline passengers between the three LAZ Fly parking lots on Ella Grasso Turnpike and the public curb of the airport terminal. Id. ¶ 7.

Crooker disclosed his federal conviction status in his LAZ Fly hiring paperwork and included the name and phone number of his federal probation officer, Jesse Gomes ("Gomes"). Id. ¶ 10. Crooker's LAZ Fly superiors were aware that until August 22, 2017, Crooker was wearing a GPS ankle bracelet, which limited his ability to stay late at night for overtime. Id.

Gomes, concerned about Crooker's possible presence in the restricted areas of the airport, sought clearance from the TSA and spoke with Steven Blindbury ("Blindbury") at the TSA about Crooker's employment driving airline passengers to and from the public curb of the airport terminal. Id. ¶ 11. Blindbury approved of the employment and assured Gomes that Crooker would not have access to the secured areas of the airport and would be working only in locations the general public may access, outside the TSA security checkpoints. Id.

On September 24, 2017, LAZ Fly informed Crooker that he could no longer drive to the airport, and later, on or about October 11, 2017, his job was terminated. Id. ¶ 13. Crooker alleges that the above action was due to the disclosure of information to LAZ Fly, which could only have originated from the TSA, stating that Crooker is on the federal No Fly List.

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Bluebook (online)
323 F. Supp. 3d 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crooker-v-transp-sec-admin-dcd-2018.