Al-Zahrani v. Rumsfeld (D.D.C. Feb. 16, 2010)

February 18, 2010

* Al-Zahrani v. Rumsfeld (D.D.C. Feb. 16, 2010)

Judge Huvelle has granted a motion to dismiss a civil suit against the United States and various officials, brought on behalf of two men who died at GTMO.  The suit asserted claims under the Alien Tort Statute, the Federal Tort Claims Act, and the Fifth and Eighth Amendments.  The full text appears below: Read the rest of this entry »


Kar v. Rumsfeld (D.D.C. Sep. 26, 2008)

September 30, 2008

* Kar v. Rumsfeld (D.D.C. Sep. 26, 2008)

A very interesting opinion by Judge Robertson.  Cyrus Kar is a US citizen who was arrested in Baghdad in 2005, and subsequently held by the US military for two months on suspicion of involvement with IED attacks.  He brought a Bivens claim for damages for alleged violations of his Fourth and Fifth Amendment rights:

Fourth Amendment claim: the government violated the Fourth Amendment by (i) failing to provide him with a probable cause hearing or its equivalent for almost seven weeks and (ii) continuing to detain him even after determining that he was innocent; Read the rest of this entry »