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AL-KIDD v. ASHCROFT

No. 06-36059.

580 F.3d 949 (2009)

Abdullah AL-KIDD, Plaintiff-Appellee, v. John ASHCROFT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 18, 2009.

Filed September 4, 2009.

Attorney(s) appearing for the Case

Robert M. Loeb and Matthew M. Collette, Department of Justice, Civil Division, Washington, D.C., for the defendant-appellant.

Lee Gelernt, Immigrants' Rights Project, American Civil Liberties Union, New York, NY, for the plaintiff-appellee.

Alison M. Tucher, Morrison & Foerster, San Francisco, CA, for amici curiae Former Federal Prosecutors.

Leo P. Cunningham and Lee-Anne Mulholland, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for amici curiae National Association of Criminal Defense Lawyers and Human Rights Watch.

Opinion by Judge MILAN D. SMITH, JR. Partial Concurrence and Partial Dissent by Judge BEA.

MILAN D. SMITH, JR., Circuit Judge:

According to the allegations of his first amended complaint, Plaintiff-Appellee Abdullah al-Kidd (al-Kidd), a United States citizen and a married man with two children, was arrested at a Dulles International Airport ticket counter. He was handcuffed, taken to the airport's police substation, and interrogated. Over the next sixteen days, he was confined in high security cells lit twenty-four hours a day in Virginia, Oklahoma, and...

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