Interrogation: Interrogation Abuses: Civil Liability

Motion Papers and Oral Argument Transcript from Meshal v. Higgenbotham

By Robert Chesney
Tuesday, August 23, 2011, 10:22 PM

In November 2009, the ACLU brought a suit on behalf of an American citizen--Amir Meshal--against two FBI agents and two unnamed officials, alleging the following: that he went to Somalia in 2006, that he fled the fighting there but was arrested and detained in Kenya, that he was later sent back to Somalia and then to Ethiopia, that these detentions and transfers were at the behest of the U.S. government, and that the defendants violated Meshal's constitutional rights by threatening him with torture, enforced disappearance, and execution in order to induce a false confession.  The government defendants [represented in their individual capacities by DOJ]  moved to dismiss last summer, and the oral argument took place last month.  The opinion is sure to be very interesting when it comes, and so in anticipation of it I wanted to provide links to the documents and the oral argument transcript.  The amended complaint is here, the government's motion to dismiss is here, the plaintiffs' opposition is here, the government's reply is here, and the oral argument transcript is here.