In an action brought by a former suspect in the 2004 Madrid train bombings and his family claiming that several provisions of the Foreign Intelligence Surveillance Act (FISA) as amended by the PATRIOT Act were unconstitutional, judgment for plaintiff is reversed where, in light of the limited remedy available to plaintiff under a settlement agreement with the government, he did not have standing to pursue his Fourth Amendment claim because his injuries already had been substantially redressed by the settlement, and a declaratory judgment would not likely impact him or his family.
Argued and Submitted February 5, 2009
Filed December 10, 2009
Opinion by Judge Paez
Elden Rosenthal, Rosenthal & Greene, P.C., Portland, OR