Legal Opinion
Birnbaum v. United States
District Court, E.D. New York
Decided August 17, 1977No. Civ. A. 76-1837, 77-C-234, 77-C-597PublishedCited by 41 opinions
1Opinion of the Court
WEINSTEIN, District Judge.
In each of these three cases consolidated for trial the plaintiff complains that first-class mail was intercepted by the Central Intelligence Agency (CIA), opened without warrant and copied. Birnbaum and MacMillen each sent a letter abroad; Avery received one here. All the letters were resealed after copying and promptly returned to the mails. Plaintiffs, individually and as a class, seek to recover damages under the Federal Tort Claims Act. 28 U.S.C. § 1346(b) (the Act).
As explained in detail below:(1) The court has jurisdiction to entertain these suits.(2) A class…
2Cases cited70 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Marbury v. MadisonSupreme Court of the United States · 1803
- Procunier v. MartinezSupreme Court of the United States · 1974
- People v. De BourNew York Court of Appeals · 1976
- McKart v. United StatesSupreme Court of the United States · 1969
65 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
- James B. Stanley v. Central Intelligence Agency United States Department of Defense U.S. ArmyCourt of Appeals for the Fifth Circuit · 1981
- McCormack v. Oklahoma Publishing Co.Supreme Court of Oklahoma · 1980
- Stephen J. Harbulak v. County of SuffolkCourt of Appeals for the Second Circuit · 1981
- R. D. Brown v. The United States of AmericaCourt of Appeals for the Fifth Circuit · 1981
36 more not listed; retrieve them via the Exa API.