The government has filed its brief in Al Laithi v. Rumsfeld and Celikgogus v. Rumsfeld, a case involving the consolidated claims of former Guantanamo detainees against former government officials in their individual capacities. The detainees seek civil damages, alleging that their detentions had violated international law, the Constitution, and the Religious Freedom Restoration Act.
Holding that these types of claims had already been rejected by the D.C. Circuit in Rasul v. Myers I and Rasul v. Myers II, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia had dismissed the suit on February 1, 2013.
1) Whether the individual defendants entitled to qualified immunity under the Bivens and § 1985 claims.2) Should a Bivens cause of action be recognized in this military-detention context.3) Whether the United States properly substituted itself for the defendants under the Westfall Act on plaintiffs' claims alleging violations of international law.4) Whether plaintiffs' Religious Freedom Restoration Act claims were properly dismissed.