Jonathan Corbett v. United States
458 F. App'x 866
11th Cir.2012Background
- TSA revised security screening procedures in Oct 2010 via an SOP on advanced imaging and pat-downs, not publicly available.
- In Nov 2010, Corbett, pro se, sued alleging Fourth Amendment unreasonable searches and requested declaratory/injunctive relief and costs.
- Government moved to dismiss under Rule 12(b)(1), arguing SOP was a final order under §46110 with exclusive appellate review.
- Corbett argued SOP was not an order, raised due process concerns, lack of administrative record, and that broad constitutional challenges could be heard in district court under §46110.
- District court dismissed for lack of subject-matter jurisdiction; Corbett appealed; panel affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SOP is an 'order' under §46110 | SOP is an internal directive, not an order. | SOP imposes obligations on air passengers and is a final order. | SOP is an order; appellate review applies. |
| Whether §46110 allows district court review of broad constitutional challenges | Broad constitutional challenges may be heard in district court. | Such challenges are intertwined with the SOP and belong in appellate review. | Intertwined challenges fall under appellate review; district court lacks jurisdiction. |
| Whether due process concerns invalidated dismissal or required different remedy | Corbett lacked opportunity to present evidence; due process is implicated. | Remand or evidentiary opportunities are available under 28 U.S.C. §2347. | No due process violation; appellate avenues and remand/evidence options exist under statute. |
Key Cases Cited
- Green v. Brantley, 981 F.2d 514 (11th Cir. 1993) (broad §46110 'order' scope and administrative-record sufficiency; collateral challenges tied to order)
- McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479 (U.S. 1991) (limits on jurisdiction when broad constitutional challenges target agency procedures)
- Gilmore v. Gonzales, 435 F.3d 1125 (9th Cir. 2006) (recognizes broad constitutional challenges under §46110; distinguished on facts)
- Elec. Privacy Info. Ctr. v. Dep't of Homeland Sec., 653 F.3d 1 (D.C. Cir. 2011) (remand and notice-and-comment considerations; Fourth Amendment ruling on SOP)