In an action under the Torture Victim Protection Act and the Fifth Amendment based on plaintiff’s detention at a U.S. airport and subsequent removal to and alleged torture in Syria, the dismissal of the complaint is affirmed where 1) plaintiff insufficiently pleaded that the alleged conduct of defendant U.S. officials was done under color of Syrian law; and 2) in the context of extraordinary rendition, allowing a Bivens action against policymaking federal officials would have the natural tendency to affect diplomacy, foreign policy, and the security of the nation.
Read Arar v. Ashcroft, No. 06-4216
Appellate Information
In Banc Rehearing: December 9, 2008
Decided: November 2, 2009
Judges
Opinion by Judge Jacobs
Dissents by Judge Calabresi, Judge Pooler, Judge Sack and Judge Parker
Counsel
For Appellant:
David Cole, Maria Couri LaHood, Jules Lobel, Katherine Gallagher, Center for Constitutional Rights, New York, NY
For Appellees:
Jonathan F. Cohn, Larry Lee Gregg, R. Joseph Sher, Dennis C. Barghaan, Assistant United States Attorneys, U.S. Department of Justice, Washington, DC
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
