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TOOLEY v. NAPOLITANO

No. 07-5080.

556 F.3d 836 (2009)

Scott TOOLEY, Appellant v. Janet NAPOLITANO, Homeland Security Secretary, In Her Official Capacity, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 2009.

Attorney(s) appearing for the Case

Cassandra S. Bernstein, appointed by the court, argued the cause for amicus curiae in support of appellant. With her on the briefs were Richard P. Bress and Gabriel K. Bell.

Scott Tooley, appearing pro se, was on the brief for appellant.

Teal Luthy Miller, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Gregory G. Katsas, Assistant Attorney General, and Douglas.

Letter, Litigation Counsel. Anthony A. Yang, Attorney, entered an appearance.

Dissenting opinion filed by Chief Judge SENTELLE.

WILLIAMS, Senior Circuit Judge:

According to Scott Tooley's complaint, he phoned Southwest Airlines in the spring of 2002 to buy tickets to fly to Nebraska to visit his family. At the end of the call, after Tooley had provided Southwest with his name and contact information, the airline representative asked Tooley if he had any "comments, questions, or suggestions." Compl. ¶ 18. Tooley responded that, in the wake of the September 11 attacks, Southwest should...

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