CA1: Backscatter technology no longer “generat[es] revealing images,” so case is moot.

Backscatter technology no longer “generat[es] revealing images,” so case is moot. Redfern v. Napolitano, 727 F.3d 77 (1st Cir. 2013):

Pro se plaintiff-appellants Jeffrey H. Redfern and Anant N. Pradhan filed an action in the district court challenging the constitutionality of the Transportation Security Administration’s (TSA) use of Advanced Imaging Technology (AIT) body scanners and enhanced pat-downs as primary methods of passenger screening at U.S. airports. The district court dismissed appellants’ claims for declaratory and injunctive relief on the ground that it was without jurisdiction to entertain them, because the case should have been filed directly with this court in accordance with 49 U.S.C. § 46110. Appellants appealed and we ordered the parties to conduct extensive briefing, both on the jurisdictional issue and on the merits of appellants’ constitutional claims.

The government, however, has informed us that, as of May 16, 2013, the AIT scanners currently deployed at passenger screening checkpoints are no longer generating the revealing images of passengers’ bodies that spawned this lawsuit; instead, they are displaying a generic outline of a person for all passengers. Given the potential impact of this new development on the justiciability of the case, we ordered the parties to conduct additional briefing addressing the question of whether appellants’ claims have now become moot. Having reviewed the pertinent submissions, we conclude that the claims have indeed become moot, and we therefore vacate the judgment below and remand the case with instructions to dismiss based on mootness.

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