Full Circuit Lets Stand Revival of 9/11 Detention Suit
By a vote of 6-6, the Second Circuit has left undisturbed a ruling that former U.S. Attorney General John Ashcroft and other officials can be sued for the punitive conditions in a Brooklyn jail imposed on Muslims and Arabs arrested in a preventive sweep following the terror attacks of Sept. 11, 2001.
December 14, 2015 at 06:00 AM
6 minute read
An evenly divided appeals court has let stand a ruling that former U.S. Attorney General John Ashcroft and other officials can be sued for the punitive conditions in a Brooklyn jail imposed on Muslims and Arabs arrested in a preventive sweep following the terror attacks of Sept. 11, 2001.
By a vote of 6-6, the U.S. Court of Appeals for the Second Circuit left undisturbed a June decision saying Ashcroft, former FRBI Director Robert Mueller and former Immigration and Naturalization Service Commissioner James Ziglar can be taken to trial for harsh conditions experienced by immigrants with connections to terrorism at the Metropolitan Detention Center in Brooklyn.
The order denying rehearing en banc, where all active judges of the court reconsider an opinion by a three-judge panel, came in Turkmen v. Hasty, 13-981, 13-year-old litigation in which a panel in June recognized a “Bivens” cause of action against high-ranking individuals for unconstitutional conditions of confinement.
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