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… Agent defendants are “entitled to qualified immunity with respect to this category of surveillance.” 916 F.3d at 1220. Agent defendants not entitled to qualified immunity “for recordings made by devices planted by FBI …
… Granting the DOJ and the FBI’s motion “that they are entitled to judgment on the pleadings on [defendant’s] FISA claim because they are not ‘persons’ against whom FISA's civil liability provision provides a cause of …
… The Court amended the opinion reported at 916 F.3d 1202, unanimously voting to deny a petition for rehearing. The Court also voted on an en banc rehearing, but the matter failed to receive a majority of the votes by …