JURIST legal news archive...

Federal court: post-9/11 detainee lawsuit against federal officials dismissed
January 17, 2013
A judge for the US District Court for the Eastern District of New York on Tuesday dismissed a lawsuit against federal law enforcement officials by men who claim they were illegally detained after 9/11. The suit is Turkmen v. Ashcroft. The court dismissed the suit against former Department of Justi....... [more]

Supreme Court remanded Ashcroft immunity case
May 18, 2012
On May 18, 2009, the US Supreme Court ruled in Ashcroft v. Iqbal, concerning a complaint filed against former US Attorney General John Ashcroft, FBI Director Robert Mueller and other officials. The Court held 5-4 that terrorism suspect Javaid Iqbal failed to adequately state a claim under Rule 8 of....... [more]

Gonzales left DOJ as AG resignation took effect
September 14, 2011
On September 14, 2007, Alberto Gonzales officially resigned from the US Department of Justice (DOJ) as the US Attorney General. Gonzales served a turbulent two-and-a-half years in the Bush administration after he was nominated in February 2005 to replace John Ashcroft. He was ultimately forced to re....... [more]

Ninth Circuit ruled no immunity for Ashcroft
September 4, 2011
On September 4, 2009, the US Court of Appeals for the Ninth Circuit ruled that former attorney general John Ashcroft was not entitled to immunity when he used the federal material witness statute to detain and investigate terrorism suspects without probable cause. In the case at issue, Al-Kidd v. As....... [more]

Federal appeals court says Ashcroft immune from post-9/11 detainee lawsuit
August 4, 2011
The US Court of Appeals for the Ninth Circuit on Wednesday ruled that former US attorney general John Ashcroft is entitled to absolute immunity from the claims of a Muslim American detained for two weeks after the terrorist attacks on September 11, 2001. The ruling is consistent with the recent US....... [more]

Supreme Court rules Ashcroft immune from suit over witness detention
May 31, 2011
The US Supreme Court on Tuesday ruled in Ashcroft v. al-Kidd that a witness in a terror investigation cannot challenge the constitutionality of an objectively reasonable arrest pursuant to a validly obtained warrant even if the government did not call or had no intention of calling the witness for t....... [more]

Supreme Court hears Ashcroft immunity, Confrontation Clause cases
March 2, 2011
The US Supreme Court heard oral arguments Wednesday in two cases: one regarding the extent of immunity for a federal official and another regarding the Sixth Amendment Confrontation Clause. In Ashcroft v. Al-Kidd, former US attorney general John Ashcroft, appealed the decision of the US Court of A....... [more]

Second Circuit ruled for government in post-9/11 detention case
December 18, 2010
On December 18, 2009, the US Court of Appeals for the Second Circuit ruled that post-arrest detention is legal in cases where the detainees are reasonably detained. The case, Turkmen v. Ashcroft, challenged the alleged racial profiling, arbitrary detention and abuse of Muslim, Arab and South Asian m....... [more]

Supreme Court to hear Ashcroft immunity appeal
October 18, 2010
The US Supreme Court on Monday granted certorari in Ashcroft v. al-Kidd to determine whether former US attorney general John Ashcroft is entitled to absolute or qualified immunity against claims that he used the material witness statute as a "pretext" to preventatively detain terrorism suspects. Ash....... [more]

Supreme Court refuses to take Arar rendition appeal
June 14, 2010
The US Supreme Court on Monday denied certiorari in Arar v. Ashcroft, a case concerning the US government's extraordinary rendition policy. Canadian citizen Maher Arar asked the court in February to overturn a lower court ruling that he cannot sue the US government for damages based on his dete....... [more]

Ninth Circuit denies rehearing on Ashcroft immunity petition
March 19, 2010
The US Court of Appeals for the Ninth Circuit on Thursday denied a petition by former attorney general John Ashcroft to reconsider its decision that Ashcroft is not entitled to absolute and qualified immunity in an unlawful detention case. By declining to rehear its previous ruling, the court is al....... [more]


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