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05-1851 - Muhammad et al v. Bonner et al

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05-1851 - Muhammad et al v. Bonner et al
March 31, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION: Pro se plaintiffs allege that defendants violated their civil rights by detaining them at JFK Airport. The Court referred defendants' motion for summary judgment as well as plaintiffs' motion to amend their complaint to Magistrate Judge Bloom pursuant to 28 U.S.C. ยง 636(b)(1)(B). On 3/16/07, Magistrate Judge Bloom issued a report, recommending that defendants' summary judgment motion be granted and that plaintiffs' request to amend be denied. Plaintiffs submitted objections on 3/26/07. The Court returned the case to Magistrate Judge Bloom for limited discovery regarding the immediate circumstances of the airport detentions. In light of the Second Circuit's decision in Tabaa v. Chertoff, 509 F.3d 89 (2d Cir. 2007), the Court adopts Magistrate Judge Bloom's report. A memorandum of decision will follow. Ordered by Chief Judge Raymond J. Dearie on 3/31/08. (Chee, Alvin)
June 23, 2008
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MEMORANDUM OF DECISION: Plaintiff's were no doubt inconvenienced by the CBP's actions and "it is not unreasonable for plaintiffs to have felt there was a stigma attached to [their detentions]." It is unfortunate that the current state of heightened security must necessarily result in some level of incommodity, yet there is undoubtedly the case. The Court simply expresses its hope that all those involved will exercise as much courtesy and cooperation as possible so as to minimize the inevitable strain and inconvenience. Ordered by Chief Judge Raymond J. Dearie on 6/20/2008. C/M. (Brucella, Michelle)