AMEUR v. GATES

No. 13-2011.

759 F.3d 317 (2014)

Mammar AMEUR, Plaintiff-Appellant, v. Robert M. GATES, in his individual capacity; Donald Rumsfeld, in his individual capacity; Paul Wolfowitz, in his individual capacity; Gordon England, in his individual capacity; James M. McGarrah, in his individual capacity; Richard B. Myers, in his individual capacity; Peter Pace, in his individual capacity; Michael Glenn Mullen, "Mike", in his individual capacity; James T. Hill, in his individual capacity; Bantz Craddock, in his individual capacity; Geoffrey D. Miller, in his individual capacity; Jay Hood, in his individual capacity; Harry B. Harris, Jr., in his individual capacity; Mark H. Buzby, in his individual capacity; Adolph McQueen, in his individual capacity; Nelson Cannon, in his individual capacity; Michael Bumgarner, in his individual capacity; Wade Dennis, in his individual capacity; Bruce Vargo, in his individual capacity; Esteban Rodriguez, in his individual capacity; Daniel McNeill, in his individual capacity; Gregory J. Ihde, in his individual capacity; John Does 1-100, in their individual capacities; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2014.


Attorney(s) appearing for the Case

ARGUED: Gwynne Lynette Skinner , Willamette University College of Law, Salem, Oregon, for Appellant. Sydney Foster , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Stuart F. Delery , Assistant Attorney General, Matthew M. Collette , Civil Division, United States Department of Justice, Washington, D.C.; Dana J. Boente , Acting United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.


AGEE, Circuit Judge:

In 2003, United States military personnel detained suspected terrorist Mammar Ameur at a military base in Afghanistan and, later, at a facility in Guantanamo Bay, Cuba. Although Ameur was determined to be an "enemy combatant," he was eventually released to his native country of Algeria in 2008.

After being released, Ameur brought suit in district court against former Secretary of Defense Robert Gates and other federal officials allegedly...

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