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DOE v. RUMSFELD

No. 11-5209.

683 F.3d 390 (2012)

John DOE, Appellee v. Donald H. RUMSFELD, Appellant. Michael Chertoff, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2012.

Attorney(s) appearing for the Case

Henry C. Whitaker , Attorney, argued the cause for appellant. With him on the briefs were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Robert M. Loeb , Attorney.

Michael I. Kanovitz argued the cause for appellee John Doe. With him on the brief were Gayle Horn and Jesselyn Radack .

Debra S. Katz was on the brief for amicus curiae Project on Government Oversight in support of appellee John Doe.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Appellee, a government contractor identified herein as John Doe, underwent military detention in Iraq. After his release, he filed this action in the district court against, inter alia, then-Secretary of Defense Donald Rumsfeld alleging claims under the Detainee Treatment Act (DTA), 42 U.S.C. § 2000dd et seq., and a Bivens action for violation of his due process rights. Secretary Rumsfeld moved to dismiss for failure...

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