Ibrahim TURKMEN, Asif-Ur-Rehman Saffi, Syed Amjad Ali Jaffri, Akil Sachdeva, Shakir Baloch, Hany Ibrahim, Yasser Ebrahim, Ashraf Ibrahim, Plaintiffs-Appellees-Cross-Appellants,
v.
John ASHCROFT, Former United States Attorney General, Dennis Hasty, Former Warden of MDC, James W. Ziglar, Commissioner, Immigration and Naturalization Service, James Sherman, Robert Mueller, Defendants-Appellants-Cross-Appellees,
John Does 1-20, MDC Corrections Officers, Michael Zenk, Warden of MDC, Christopher Witschel, Clemett Shacks, Brian Rodriguez, Jon Osteen, Raymond Cotton, William Beck, Salvatore Lopresti, Steven Barrere, Lindsey Bledsoe, Joseph Cuciti, Howard Gussak, Marcial Mundo, Daniel Ortiz, Stuart Pray, Elizabeth Torres, Phillip Barnes, Sydney Chase, Michael Defrancisco, Richard Diaz, Kevin Lopez, Mario Machado, Michael McCabe, Raymond Mickens, Scott Rosebery, United States, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 14, 2008.
Decided: December 18, 2009.
Attorney(s) appearing for the Case
Michael Winger (C. William Phillips, Kate Greenwood, Amanda J. Gourdine, Kimberly Zelnick, Douglas Bloom, and Joanne Sum-Ping, on the brief), Covington & Burling LLP, New York, NY; Rachel Meeropol (Matthew Strugar, William Goodman, Shayana Kadidal, and William Quiqley, on the brief), Center for Constitutional Rights, New York, NY; David Cole, Georgetown University Law Center, Washington, DC; and Claudia Slovinsky, Law Offices of Claudia Slovinsky, New York, NY, for Plaintiffs-Appellees-Cross-Appellants.
Robert M. Loeb (Peter D. Keisler, Assistant Attorney General, Gregory G. Garre, Deputy Solicitor General, Jonathan F. Cohn, Deputy Assistant Attorney General, Kannon K. Shanmugam, Assistant to the Solicitor General, Tony West, Assistant Attorney General, Barbara L. Herwig, Sarang V. Damle, Dennis C. Barghaan, Richard W. Sponseller, Larry Lee Gregg, and R. Craig Lawrence, Assistant United States Attorneys, on the brief), United States Department of Justice, Washington, DC, United States Attorney's Office for the District of Columbia, Washington, DC, and United States Attorney's Office for the Eastern District of Virginia, Alexandria, VA, for Defendants-Appellants-Cross-Appellees John Ashcroft and Robert Mueller. William Alden McDaniel, Jr. (Bassel Bakhos, on the brief), Law Office of William Alden McDaniel, Jr., Baltimore, MD, for Defendant-Appellant-Cross-Appellee James Ziglar.
Michael L. Martinez (Shari Ross Lahlou, David E. Bell, Justin P. Murphy, Kyler E. Smar, and Matthew F. Scarlato, on the brief), Crowell & Moring LLP, Washington, DC, for Defendant-Appellant-Cross-Appellee Dennis Hasty.
Debra L. Roth (Thomas M. Sullivan, on the brief), Shaw, Bransford, Veilleux & Roth, P.C., Washington, DC, for Defendant-Appellant-Cross-Appellee James Sherman.
Sital Kalantry, Cornell Law School, Ithaca, N.Y. for amici curiae former wardens and senior prison officials in support of Plaintiffs-Appellees-Cross-Appellants.
Before JACOBS, Chief Judge, and RAGGI, Circuit Judge.
United States Court of Appeals, Second Circuit.
PER CURIAM:
This putative class action was brought by seven named plaintiffs, all non-citizens who were detained on immigration violations following the terrorist attacks of September 11, 2001.1 The plaintiffs allege, inter alia, that on account of their Arab or Muslim background (or perceived background), they were subjected to excessively prolonged detention, abused physically and verbally, subjected to arbitrary and abusive strip...
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