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Turkmen v. Ashcroft, 02 CV 2307

U.S. Documents Including Relevant Information Are Not Covered by Deliberative Process Privilege

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Judge Pollak

TURKMEN v. ASHCROFT — On April 17, 2002, plaintiffs commenced this action against the Attorney General of the United States, the Director of the Federal Bureau of Investigation (“FBI”), the Commissioner of the (former) Immigration and Naturalization Service (“INS”), current and former wardens of the Metropolitan Detention Center (“MDC”), and two groups of unnamed individuals, 1 pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Alien Tort Claims Act, 28 U.S.C. §1350, and the Vienna Convention on Consular Relations, April 24, 1963, art. 36, TIAS 6820, 21 U.S.T. 77. Plaintiffs allege that they and other male non- citizens from the Middle East and South Asia were unlawfuly detained in the wake of the September 11, 2001 terrorist attacks. Plaintiffs allege, inter alia, that the conditions of their confinement were unreasonably harsh and that they were the victims of excessive force.

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