VANCE v. RUMSFELD

Nos. 10-1687, 10-2442.

701 F.3d 193 (2012)

Donald VANCE and Nathan Ertel, Plaintiffs-Appellees, v. Donald H. RUMSFELD and The United States of America, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2011.

Reargued En Banc February 8, 2012.

Decided November 7, 2012.


Attorney(s) appearing for the Case

Michael Kanovitz (argued), Attorney, Loevy & Loevy, Chicago, IL, for Plaintiffs-Appellees.

Robert Loeb (argued), Attorney, Department of Justice, Civil Div., Appellate Staff, Washington, DC, for Defendants-Appellants.

Mark W. DeLaquil , David B. Rivkin (argued), Attorneys, Baker & Hostetler LLP, Washington, DC, for Harold Brown, Richard B. Cheney, William S. Cohen, Amici Curiae.

Louis Clark , Government Accountability Project, Washington, DC, for Government Accountability Project, Society of Professional Journalists, Project on Government Oversight, Amici Curiae.

Before EASTERBROOK, Chief Judge, and POSNER, FLAUM, MANION, KANNE, ROVNER, WOOD, WILLIAMS, SYKES, TINDER, and HAMILTON, Circuit Judges.


EASTERBROOK, Chief Judge.

This appeal presents the question whether the federal judiciary should create a right of action for damages against soldiers (and others in the chain of command) who abusively interrogate or mistreat military prisoners, or fail to prevent improper detention and interrogation. Both other courts of appeals that have resolved this question have given a negative answer. Lebron v. Rumsfeld, 670 F.3d 540

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