Court to rule in lawsuit against FBI head and former attorney general
Case involves claims prisoners detained after Sept. 11 were abused because of their religion and ethnicity
By Mark Sherman
ASSOCIATED PRESS
Tuesday, June 17, 2008
WASHINGTON ? The Supreme Court said Monday that it will decide whether former Attorney General John Ashcroft and FBI Director Robert Mueller must face a lawsuit that claims prisoners detained after Sept. 11, 2001, were abused because of their religion and ethnicity.
The case, to be argued around the end of the year, will help determine whether Cabinet officers and other high-ranking officials can be sued if lower-level government workers violate people's civil rights.
Javaid Iqbal, a Pakistani Muslim who spent nearly six months in solitary confinement in New York in 2002 filed the lawsuit. Iqbal, since deported from the United States, says Ashcroft, Mueller and others implemented a policy of confining detainees in highly restrictive conditions because of their religious beliefs and race.
A federal appeals court said the lawsuit could proceed, but the Bush administration said the high-ranking officials should not have to answer for the acts of subordinates, absent a glimmer of evidence that they intended or condoned the harsh treatment.
The New York-based 2nd U.S. Circuit Court of Appeals said that Ashcroft, Mueller and 32 other former and current government employees named in the lawsuit might eventually be dismissed as defendants if evidence shows they were not sufficiently involved in the activities to support a finding of personal liability.
The Supreme Court will decide whether the lawsuit can even get that far. Last term, in a lawsuit over alleged antitrust violations, the court made it harder for plaintiffs to get past an early hurdle in litigation before defendants even are asked to turn over evidence that could be used to prove what is being claimed. The administration said that decision should be applied to the current case.
Iqbal was arrested at his Long Island home on Nov. 2, 2001, and charged with nonviolent federal crimes unrelated to terrorism. Two months later, he was moved to a holding facility in Brooklyn, where he was in solitary confinement for more than 150 days without a hearing, his lawsuit alleges.
He said he was subjected to physical and verbal abuse, including unnecessary strip searches. He was cleared of any involvement in terrorism and was deported in January 2003 after pleading guilty to fraud and being sentenced to a year and four months in prison.
Also Monday, the Supreme Court made it easier for some foreigners who overstay their visas to seek to remain in the U.S. legally. The court ruled 5-4 that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain.