ALLAITHI v. RUMSFELD

Nos. 13-5096, 13-5097.

753 F.3d 1327 (2014)

Sami Abdulaziz ALLAITHI, Appellant v. Donald H. RUMSFELD, Former Secretary of Defense, Department of Defense, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2014.


Attorney(s) appearing for the Case

Russell P. Cohen argued the cause for appellants. With him on the briefs were Howard M. Ullman and Shayana D. Kadidal.

Sydney Foster , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Assistant Attorney General, and Matthew M. Collette , Attorney. Sharon Swingle , Attorney, entered an appearance.

Opinion for the Court by Circuit Judge BROWN.


BROWN, Circuit Judge.

As the United States enters the coda of its military engagement in Afghanistan, we continue with our task of resolving the many legal questions left in the wake of warfare. In this case, we assess whether certain detainees cleared by a military tribunal but nevertheless subjected to continued detention and allegedly abusive treatment have sufficiently alleged that those authorizing and supervising their detention acted outside the scope of their...

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