VANCE v. RUMSFELD

Nos. 10-1687, 10-2442.

653 F.3d 591 (2011)

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

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2011.


Attorney(s) appearing for the Case

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

Matthew M. Collette (argued), Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellants.

Mark W. DeLaquil , David B. Rivkin (argued), Attorneys, Baker & Hostetler LLP, Louis Clark, Washington, DC, for Amici Curiae.

Before MANION, EVANS, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

This appeal raises fundamental questions about the relationship between the citizens of our country and their government. Plaintiffs Donald Vance and Nathan Ertel are American citizens and civilians. Their complaint alleges in detail that they were detained and illegally tortured by U.S. military personnel in Iraq in 2006. Plaintiffs were released from military custody without ever being charged with a crime. They then filed this suit for...

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