Latif v. Holder
United States District Court for the District of Oregon
28 F. Supp. 3d 1134 (2014)
Latif (plaintiff) discovered he was on the No-Fly List only when denied boarding, and the government's (defendant) review process gave him a letter that neither confirmed nor denied his listing nor explained the reasons, with any subsequent appeal providing information to the government's own adjudicator but none to Latif himself; the FBI's underlying standard for listing someone was mere reasonable suspicion of terrorist activity, a lower bar than probable cause. Latif sued claiming the listing and its procedures violated his Fifth Amendment due process rights, and moved for summary judgment.
Whether, in determining if procedural protections afforded in connection with a deprivation of a liberty interest were constitutionally sufficient, courts analyze the private interest at stake, the risk of erroneous deprivation, and the government interest at stake.