DISTRICT OF MASSACHUSETTS ABDULRAHMAN ALHARBI, CIVIL ...

Case 1:14-cv-11550-PBS Document 99-1 Filed 05/31/16 Page 1 of 40

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

ABDULRAHMAN ALHARBI,

Plaintiff,

v.

GLENN BECK; THE BLAZE, INC.; MERCURY RADIO ARTS, INC.; AND PREMIERE RADIO NETWORKS, INC.,

Defendants.

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CIVIL ACTION NO. 1:14-cv-11550-PBS

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DEEFNDANTS' STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1,

Defendants Glenn Beck, TheBlaze Inc. (erroneously sued herein as "The Blaze, Inc."),

Mercury Radio Arts, Inc., and Premiere Networks, Inc. f/k/a Premiere Radio Networks, Inc.

(collectively, "Defendants") hereby submit the following statement of undisputed material

facts in support of their motion for summary judgment requesting dismissal of the Complaint

in its entirety, with prejudice.

The exhibits, pleadings, and deposition transcripts referenced herein are attached to the

following declarations, all of which are served and filed simultaneously herewith: (1)

Declaration of Counsel in Support of Defendants' Motion for Summary Judgment ("Grygiel

Decl."), attaching Exhibits 1-54; (2) Declaration of George ("Joe") E. Weasel, III in Support

of Defendants' Motion for Summary Judgment ("Weasel Decl."), attaching Exhibits 1-23; (3)

Declaration of Joel Cheatwood in Support of Defendants' Motion for Summary Judgment

("Cheatwood Decl."), attaching Exhibits 1-6; (4) Declaration of Glenn Beck in Support of

Defendants' Motion for Summary Judgment ("Beck Decl."), attaching Exhibits 1-8; (5)

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Declaration of Michael V. Howard in Support of Defendants' Motion for Summary Judgment ("Howard Decl."), attaching Exhibits 1 and 2; (6) Declaration of Richard J. Egan in Support of Motion for Summary Judgment ("Egan Decl."), attaching Exhibit 1; (7) Declaration of Misty Kawecki in Support of Defendants' Motion for Summary Judgment ("Kawecki Decl."), attaching Exhibit 1; (8) Declaration of Alan Korowitz in Support of Defendants' Motion for Summary Judgment ("Korowitz Decl."), attaching Exhibit 1; and (9) Declaration of Julie Talbott in Support of Defendants' Motion for Summary Judgment ("Talbott Decl."), attaching Exhibit 1.

Plaintiff Obtains Visa to Attend Findlay University But Never Enrolls 1. In October of 2011, Plaintiff Abdulrahman Alharbi ("Plaintiff") submitted an application to attend the University of Findlay located in Ohio. Grygiel Decl. ?12 & Ex. 10. 2. Plaintiff applied for a Visa at the end of 2011 to study in the United States. Grygiel Decl. ?11 & Ex. 9. 3. Plaintiff did not enroll or show up at the University of Findlay after receiving his Visa. Grygiel Decl. ?13. 4. Plaintiff did not notify the University of Findlay that he would not be attending the University of Findlay. Grygiel Decl. ?13. 5. Plaintiff did not notify the Saudi Arabian or United States governments that he would not be attending college in Ohio. Grygiel Decl. ?14. 6. A Student & Exchange Visitor Information (SEVIS) form states that Plaintiff's status was "TERMINATED" because he "entered [the] country and was not registered 60 days after program start date." Grygiel Decl. ?15 & Ex. 11.

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7. In or around 2011, Plaintiff posted a photograph of himself taken in Saudi Arabia holding a golden firearm on his Facebook page. Grygiel Decl. ?16 & Ex. 12.

8. Plaintiff was unconcerned about the implications of posting the photograph, testifying that the gun "look[ed] cool" "[b]ecause it is gold." Grygiel Decl. ?17.

9. After viewing the photograph, Plaintiff's cousin advised Plaintiff to "[b]e careful, Man, you are in the U.S.A." Grygiel Decl. ?18.

Law Enforcement Officials Identify Plaintiff as a "Suspected Terrorist" in Connection with the Boston Marathon Bombings 10. At approximately 2:50 p.m. on April 15, 2013, two bombs exploded near the finish line of the Boston Marathon. Grygiel Decl. ?10 & Ex. 8. 11. Law enforcement officials immediately commenced an intensive and sweeping investigation. Grygiel Decl. ??4-5, 20-24; Egan Decl. ?11 & Ex. 1. 12. Law enforcement officials from the Federal Bureau of Investigation ("FBI"), Customs and Border Protection ("CBP"), Immigration and Customs Enforcement ("ICE"), the Massachusetts State Police, and the Boston Police identified Plaintiff as a "person of interest," a "subject," and a "target" of their investigation into the Boston Marathon bombing. Grygiel Decl. ?5 & Ex. 4; Egan Decl. ?11& Ex. 1; Howard Decl. ?25 & Ex. 1. 13. In reporting on the investigation, several news organizations identified Plaintiff as a "suspect" or "person of interest" based on information from law enforcement sources. Grygiel Decl. ?4. 14. These news organizations reported on Plaintiff as a suspect by name before Plaintiff was identified on air by TheBlaze. Grygiel Decl. ?4; Beck Decl. ?12. 15. Plaintiff was admitted to Brigham & Women's Hospital on April 15, 2013. Grygiel Decl. ??20, 128 & Ex. 40.

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16. Plaintiff's "burns were superficial and required no treatment." Grygiel Decl. ?129 & Ex. 40.

17. Upon his arrival at the hospital on the afternoon of April 15, 2013, Plaintiff was "immediately" questioned by law enforcement, including FBI agents. Grygiel Decl. ?20.

18. While he was in the hospital, law enforcement authorities treated Plaintiff like he "did something wrong." Grygiel Decl. ?21.

19. That day, April 15, 2013, law enforcement authorities began entering information concerning Plaintiff into the "TECS II" database. Weasel Decl. ?76 & Ex. 20; Cheatwood Decl. ?33; Howard Decl. 13-14 & Ex. 1.

20. The "TECS II" information-sharing database is managed by the Department of Homeland Security ("DHS") in connection with the United States government's antiterrorism efforts. Howard Decl. ?7.

21. The TECS II database is used by several federal executive branch agencies with responsibility for national security protection, and contains detailed information about individuals traveling in and out of the United States. Howard Decl. ??7, 8.

22. While in the hospital, law enforcement authorities collected fingerprints and a DNA sample from Plaintiff. Grygiel Decl. ??23-24.

23. Beginning at around 11:00 p.m. on April 15, 2013, the FBI and other law enforcement officials conducted an extensive search of Plaintiff's apartment located in Revere, Massachusetts. Grygiel Decl. ?23; Egan Decl. ?11 & Ex. 1.

24. The FBI took numerous photographs of Plaintiff's apartment, and collected laptops, an iPad, multiple mobile phones, a USB drive, several digital cameras, and

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Case 1:14-cv-11550-PBS Document 99-1 Filed 05/31/16 Page 5 of 40 paperwork (including bank records, a checkbook, and identification documents). Egan Decl. ?11 & Ex. 1.

25. On April 16, 2013, after Plaintiff's apartment and computer was searched, law enforcement officials entered information into the TECS II database stating that Plaintiff was "ARMED & DANGEROUS"; that Plaintiff was a "SUSPECTED TERRORIST"; that Plaintiff had been placed on the No Fly List; and that law enforcement was instructed that "DETAIN IS MANDATORY WHETHER OR NOT THE OFFICER BELIEVES THERE IS AN EXACT MATCH":

Weasel Decl. ??96-101 & Ex. 20; Howard Decl. ??21-25. 26. Also on April 16, 2013, after law enforcement authorities had searched

Plaintiff's apartment and computer, the government created an "Event File" or an "NTC File" on Plaintiff. Weasel Decl. ?77; Cheatwood Decl. ?34; Beck Decl. ?13.

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