Muslims in Southern California got some of their claims against the United States alleging that the defendants improperly targeted the plaintiffs because of their religion revived, again, in a Friday ruling by the Ninth Circuit.
Although the government properly asserted the state secrets privilege and showed that at least some of the information at issue was privileged, the district court didn’t conduct the “detailed and fact-intensive inquiry” required to dismiss a case for that reason, the appeals court said.
The government isn’t entitled to dismissal simply because it “may” assert a defense that “could” expose privileged information, Judge Marsha S. ...