In one of its last acts of 2008, the U.S. Supreme Court entered an order creating the possibility that Guantanamo detainees may be able to recover compensation for the torture and deprivation of constitutional rights they allegedly endured while imprisoned there. Without opinion, the Court granted certiorari in Rasul v. Myers , 512 F.3d 644 (D.C. Cir. 2008), and summarily vacated the judgment of the Court of Appeals for the District of Columbia, remanding the case for consideration in light of Boumediene v. Bush , 553 U.S. __ (June 12, 2008).

Rasul was filed in 2004 by four British citizens, former inmates at Guantanamo Bay, seeking damages against Secretary of Defense Donald Rumsfeld and various U.S. military officers in their personal capacities for violations of their Fifth- and Eighth-Amendment rights, among other causes of action. The plaintiffs were detained without charges for more than two years. Their lengthy complaint chillingly catalogues repeated, prolonged, cruel acts administered by military personnel.

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