Congressional Digest

Supreme Court Debates January 2009 No. 1 Vol. 12
Lower Court Holding

Post-September 11 Detentions

Immunity for Bush Administration Officials

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Lower Court Holding

Decision of the Second Circuit U.S. Court of Appeals

These interlocutory appeals present several issues concerning the defense of qualified immunity in the aftermath of the events of 9/11.             Severalcurrent and former government officials from the Department ofJustice, the Federal Bureau of Investigation (FBI), and the Bureauof Prisons (BOP) appeal from the September 27, 2005, Order of theDistrict Court for the Eastern District of New York denying inpart their motions to dismiss on the ground ofqualified immunity.             Plaintiff–Appellee Javaid Iqbal alleges that the Defendants–Appellantstook a series of unconstitutional actions against him inconnection with hisconfinement under harsh conditions at the MetropolitanDetention Center (MDC) in Brooklyn, after separation from…

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