Interrogation: Interrogation Abuses: Civil Liability

Latest in Interrogation: Interrogation Abuses: Civil Liability

Interrogation: Abuses

Fourth Circuit Allows Trial in Abu Ghraib Suit

The U.S. Court of Appeals for the Fourth Circuit allowed prisoners detained at Abu Ghraib to move forward with their lawsuit against a military contractor for abuse at the prison, dismissing the contractor's interlocutory appeal to reverse a district court order denying it derivative sovereign immunity. The judges held that the case, Al Shimari v. CACI, presented factual disputes best resolved in the district court. The ruling is available here and below.

Alien Tort Statute

Former Guantanamo Detainee Petitions for Certiorari Seeking Redress for Alleged Torture

In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from federal custody and repatriated to Afghanistan, Jawad sued the government in 2014. Last year on Lawfare, Helen Klein Murillo described the D.C.

Interrogation: Interrogation Abuses: Civil Liability

Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell

It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use this powerful legal tool. But in an interesting variation on the typical post-9/11 state secrets cases, this time it is the defendants rather than the plaintiffs who seek to introduce information that the government alleges may harm national security.

Interrogation: Interrogation Abuses: Civil Liability

Salim v. Mitchell: ATS Suit Against CIA Contractors Survives Second Motion to Dismiss

The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against two American CIA contractors seems likely to reach a trial on the merits after surviving a second motion to dismiss last Friday.

Interrogation: Interrogation Abuses: Civil Liability

Fourth Circuit Reinstates Abu Ghraib Lawsuit

In a decision handed down today, the Fourth Circuit Court of Appeals vacated and remanded a district court decision dimissing a tort suit against CACI Premier Technology Inc., a contractor at the Abu Ghraib prison; the district court had ruled that the suit presented a political question. The lawsuit, Al Shimari v. CACI Premier Technology et al., alleges that the company engaged in torture and cruel, inhuman, or degrading treatment of the four plaintiffs during their imprisonment in Abu Ghraib.

Political Question Doctrine

Why Are the Lower Courts (Mostly) Ignoring Zivotofsky I’s Political Question Analysis?

Last week, the Fourth Circuit heard an appeal in Al Shimari v. CACI Premier Technology, Inc. Steve Vladeck earlier flagged the case at Just Security, but for those who haven't read his post: Al Shimari alleges that a military contractor was partly responsible for torturing him at Abu Ghraib.

Interrogation: Legislative Development

Thoughts on the SSCI Report, Part I: Introduction and Overview

I have now spent enough quality time with the SSCI interrogation report---and with minority views and the CIA response---that I am ready to begin commenting upon it. This is not to say I have finished reading it all; far from it. A plane flight to Israel and a lot of other hours have only gotten me started.

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