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Berzon, Marsha S. (United States Court of Appeals for the Ninth Circuit, 2019-02-28 )

… 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 …

… The Court held that claims challenging the continued collection of Smith’s metadata under § 215 were moot. 816 F.3d at 1241. However, the Court remanded other claims, including Smith’s request for the government to purge …

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