PADILLA v. YOO

No. 09-16478.

678 F.3d 748 (2012)

Jose PADILLA and Estela Lebron, Plaintiffs-Appellees, v. John YOO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission vacated October 18, 2010.

Filed May 2, 2012.

Resubmitted December 8, 2011.


Attorney(s) appearing for the Case

Miguel A. Estrada (argued) and Scott P. Martin , Gibson, Dunn & Crutcher LLP, Washington, D.C., for the appellant.

Jonathan M. Freiman (argued), Hope R. Metcalf , Tahlia Townsend and Amos E. Friedland , New Haven, CT; Natalie L. Bridgeman , San Francisco, CA, for the appellees.

Paul J. Orfanedes , Washington, D.C., for amicus curiae Judicial Watch, Inc.

Michael F. Hertz , Deputy Assistant Attorney General, Barbara L. Herwig and Robert M. Loeb , U.S. Department of Justice, Washington, D.C., for amicus curiae United States.

Peter B. Ellis and Usha-Kiran K. Ghia , Foley Hoag LLP, Boston, MA, for amici curiae Bruce Fein, Roberts B. Owen and Michael P. Scharf.

Eric L. Lewis , Baach Robinson & Lewis PLLC, Washington, D.C.; Elizabeth A. Wilson , John C. Whitehead School of Diplomacy and International Relations, Seton Hall University, South Orange, NJ, for amici curiae Distinguished Professors of Constitutional and Federal Courts Law.

Hamid Jabbar , Scottsdale, AZ; Hirad D. Dadgostar , Los Angeles, CA; Dawinder S. Sidhu , Potomac, MD, for amici curiae Legal Ethics Scholars.

Before: RAYMOND C. FISHER and N. RANDY SMITH, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.,


OPINION

FISHER, Circuit Judge:

After the September 11, 2001 attacks on the United States, the government detained Jose Padilla, an American citizen, as an enemy combatant. Padilla alleges that he was held incommunicado in military detention, subjected to coercive interrogation techniques and detained under harsh conditions of confinement, all in violation of his constitutional and statutory rights. In this lawsuit, plaintiffs Padilla and his mother, Estela...

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