Wednesday, June 22, 2011

DC Circuit Affirms Dismissal in Ali v Rumsfeld

The D.C. Circuit Court of Appeals issued its opinion in Ali v. Rumsfeld.  Judge Karen LeCraft Henderson delivered the opinion which affirmed the district court’s dismissal of the case.  Four Afghan and five Iraqi citizens captured and subsequently held in Afghanistan and Iraq, respectively, by the United States military sued Donald Rumsfeld, former Secretary of the United States Department of Defense, and three high-ranking Army officers (collectively, defendants) under the Fifth and Eighth Amendments to the United States Constitution, the Alien Tort Statute (ATS), 28 U.S.C. § 1350, and the Third and Fourth Geneva Conventions, 6 U.S.T. 3316 and 6 U.S.T. 3516, seeking damages and declaratory relief as the result of their treatment while in U.S. custody.

NIMJ filed an amicus brief in support of the plaintiffs' claims.