Supreme Court Review 2016/2017 TERM
SATURDAY, SEPTEMBER 23, 2017
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Issue:  Immunity
Consolidated With:  Ziglar v. Turkmen
Hasty v. Turkmen

Ashcroft v. Turkmen

15-1359

QUESTION(S) PRESENTED

1. Whether the judicially inferred damages remedy under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), should be extended to the novel context of this case, which seeks to hold the former Attorney General and Director of the Federal Bureau of Investigation (FBI) personally liable for policy decisions made about national security and immigration in the aftermath of the September 11, 2001 terrorist attacks.

2. Whether the former Attorney General and FBI Director are entitled to qualified immunity for their alleged role in the treatment of respondents, because it was not clearly established that aliens legitimately arrested during the September 11 investigation could not be held in restrictive conditions until the FBI confirmed that they had no connections with terrorism.

3. Whether respondents’ allegations that the Attorney General and FBI Director personally condoned the implementation of facially constitutional policies because of an invidious animus against Arabs and Muslims are plausible, as required by Ashcroft v. Iqbal, 556 U.S. 662 (2009), in light of the obvious alternative explanation—identified by the Court in Iqbal— that their actions were motivated by a concern that, absent fuller investigation, the government would unwittingly permit a dangerous individual to leave the United States

DECISION

Awaiting Oral Arguments

ORAL ARGUMENT

To Be Argued on January 18, 2017

Appearences
On Behalf of Petitioners John D. Ashcroft
Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washing­ton, D. C.
On Behalf of Respondent Ahmer Iqbal Abbasi, et al.
Rachel Meeropol, New York, N. Y.
Transcript
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Audio
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Merit Briefs
Brief for Petitioner (pdf download)
Brief for Respondent (pdf download)
Reply Brief for Petitioner (pdf download)
Amicus Curiae Briefs
Brief for Americans United For Separation of Church and State and People for the American Way Foundation in Support of Respondents (pdf download)
Brief for Asian Americans Advancing Justice and Other Organizations in Support of Respondents (pdf download)
Brief for Commonwealth Lawyers Association in Support of Respondents (pdf download)
Brief for Former Correctional Officials in Support of Respondents (pdf download)
Brief for Immigration Detention Advocacy Organizations in Support of Respondents (pdf download)
Brief for Karen Korematsu, Jay Hirabayashi, and Holly Yasui in Support of Respondents (pdf download)
Brief for Medical and Other Scientific and Health-Related Professionals in Support of Respondents and Affirmance (pdf download)
Brief for Professors of Civil Procedure in Support of Respondents (pdf download)
Brief for the American Association for Justice in Support of Respondents (pdf download)
Brief for The American Civil Liberties Union, et al in Support of Respondents (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Second Circuit
Decided June 17, 2016
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