Mayfield
Mayfield v. United States
Opinion
Opinion
Paez, J.
ORDER AND OPINION
ORDER
The government’s Motion to Correct Factual Misstatements in the Panel Opinion is GRANTED. The opinion filed December 10, 2009 and reported at 588 F.3d 1252 , is vacated, and a new opinion is filed concurrently with this Order.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing en banc is denied. No further petitions for rehearing shall be filed.
IT IS SO ORDERED.
OPINION
In this appeal, we must decide whether Plaintiffs-Appellees Brandon Mayfield, a former suspect in the 2004 Madrid train bombings, and his family, have standing to seek declaratory relief against the United States that several provisions of the Foreign Intelligence Surveillance Act (“FISA”) as amended by the PATRIOT Act are unconstitutional under the Fourth Amendment of the U.S. Constitution. Although Mayfield settled the bulk of his claims against the government, the Stipulation for Compromise Settlement and Release (the “Settlement Agreement”) allowed him to pursue his Fourth Amendment claim. According to the terms of the Settlement Agreement,…