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ALI v. RUMSFELD

Nos. 07-5178, 07-5185, 07-5186, 07-5187.

649 F.3d 762 (2011)

Arkan Mohammed ALI et al., Appellants v. Donald H. RUMSFELD, Individually, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2011.

Attorney(s) appearing for the Case

Cecillia D. Wang argued the cause for the appellants. Lucas Guttentag , Jennifer Chang Newell and Kate Desormeau , Steven R. Shapiro , Paul Hoffman , James P. Cullen , Bill Lann Lee , Arthur B. Spitzer , David Rudovsky , and Erwin Chemerinsky were on the brief.

Stephen A. Saltzburg was on brief for amici curiae National Institute of Military Justice et al. in support of the appellants.

William J. Aceves was on brief for amici curiae Human Rights & Torture Treatment Organizations in support of the appellants.

Robert M. Loeb , Attorney, United States Department of Justice, argued the cause for the appellees. Barbara L. Herwig , Michael L. Martinez , Mark E. Nagle , Stephen L. Braga and Ryan E. Bull , Attorneys, were on brief.

Dissenting opinion filed by Senior Circuit Judge EDWARDS.

KAREN LECRAFT HENDERSON, Circuit Judge:

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 officers1 (collectively, defendants) under the Fifth and Eighth Amendments to the United States Constitution...

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