No. 06-16088.

528 F.3d 823 (2008)

Hector GANDARA, a.k.a. Hector Gandarasegredo, Plaintiff-Appellant, v. Sheriff Wayne BENNETT, Glynn County, Doe, unknown investigator, Glynn County Sheriff Office, Gary Moore, Glynn County District Attorney, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 22, 2008.

Attorney(s) appearing for the Case

Leon Fresco (Court-Appointed), Holland & Knight, LLP, Miami, FL, for Plaintiff-Appellant.

Terry Lee Readdick, Steven G. Blackerby, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP, Aaron W. Mumford, Brunswick, GA, for Defendants-Appellees.

Sharon Swingle, Robert M. Loeb, Douglas N. Letter, U.S. Dept. of Justice, Civ. Div., App. Section, Washington, DC, for Amicus Curiae, Dept. of Justice.

Before BIRCH and FAY, Circuit Judges, and RODGERS, District Judge.

FAY, Circuit Judge:

The question presented in this matter is whether a foreigner who has been arrested and detained in this country and alleges a violation of the consular notification provisions of the Vienna Convention on Consular Relations (the "Treaty") can maintain an action under 42 U.S.C. § 1983. The answer to this question hinges on whether or not individual rights are bestowed by the Treaty. Although we find the issue a close one with strong arguments...

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