No. 20-1495.

2 F.4th 330 (2021)

LEADERS OF A BEAUTIFUL STRUGGLE; Erricka Bridgeford; Kevin James, Plaintiffs-Appellants, v. BALTIMORE POLICE DEPARTMENT; Michael S. Harrison, in his official capacity as Baltimore Police Commissioner, Defendants-Appellees. NAACP Legal Defense & Education Fund, Inc.; Casa De Maryland, Inc.; Rabbi Daniel Cotzin Burg; Citizens Policing Project; Equity Matters; Reverend Grey Maggiano; Electronic Frontier Foundation; Brennan Center for Justice; Electronic Privacy Information Center; Freedomworks Foundation; National Association Of Criminal Defense Lawyers; Rutherford Institute; Policing Project; Center on Privacy & Technology At Georgetown Law, Amici Supporting Rehearing Petition.

United States Court of Appeals, Fourth Circuit.

Decided: June 24, 2021.

Attorney(s) appearing for the Case

ARGUED: Brett Max Kaufman , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellants. Andre M. Davis , Baltimore, Maryland, for Appellees. ON BRIEF: David R. Rocah , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND, Baltimore, Maryland; Ashley Gorski , Alexia Ramirez , Nathan Freed Wessler , Ben Wizner , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellants. Dana M. Moore , Acting City Solicitor, Elisabeth S. Walden , Chief Legal Counsel, Kara K. Lynch , Chief Solicitor, Police Legal Affairs Practice Group, Rachel Simmonsen , Co-Director, Michael Redmond , Co-Director, Appellant Practice Group, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees. Sherrilyn A. Ifill , President and Director-Counsel, Samuel Spital , Kevin E. Jason , New York, New York, Christopher Kemmitt , Mahogane Reed , NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC., Washington, D.C., for Amicus NAACP Legal Defense & Educational Fund, Inc. Rachel Levinson-Waldman , Laura Hecht-Felella , BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW, Washington, D.C.; Elizabeth Franklin-Best , NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, ELIZABETH FRANKLINBEST, P.C., Columbia, South Carolina; John W. Whitehead , Douglas R. McKusick , RUTHERFORD INSTITUTE, Charlottesville, Virginia; Sophia Cope , Mark Rumold , Adam Schwartz , Saira Hussain , Hannah Zhao , ELECTRONIC FRONTIER FOUNDATION, San Francisco, California, for Amici Electronic Frontier Foundation, Brennan Center for Justice, Electronic Privacy Information Center, Freedomworks Foundation, National Association of Criminal Defense Lawyers, and Rutherford Institute. Laura Moy , Michael Rosenbloom , Communications & Technology Law Clinic, GEORGETOWN LAW, Washington, D.C., for Amicus Center on Privacy & Technology at Georgetown Law. Barry Friedman , Farhang Heydari , Max Isaacs , POLICING PROJECT AT NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York, for Amicus The Policing Project.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Motz, Judge King, Judge Keenan, Judge Wynn, Judge Floyd, Judge Thacker, and Judge Harris joined. Chief Judge Gregory wrote a concurring opinion, in which Judge Wynn, Judge Thacker, and Judge Harris joined. Judge Wynn wrote a concurring opinion, in which Judge Motz, Judge Thacker and Judge Harris joined. Judge Wilkinson wrote a dissenting opinion, in which Judge Niemeyer, Judge Agee, and Judge Quattlebaum joined, in which Judge Diaz joined Part I, Judge Richardson joined Parts I, II, and III, and Judge Rushing joined Parts I and II. Judge Niemeyer wrote a dissenting opinion. Judge Diaz wrote a dissenting opinion.


The Plaintiffs—a group of grassroots community advocates in Baltimore— moved to enjoin implementation of the Aerial Investigation Research ("AIR") program, a first-of-its-kind aerial surveillance program operated by the Defendants—the Baltimore Police...


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