Ashcroft v. Turkmen15-1359
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
DECISIONAwaiting Oral Arguments
ORAL ARGUMENTTo Be Argued on January 18, 2017
CERTIORARI STAGEGranted October 11, 2016
Certiorari Stage Documents
Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)
Other Certiorari Stage Documents
Amius Brief of Former US Attorneys General supporting certiorari (pdf download)
United States Court of Appeals for the Second Circuit
Decided June 17, 2016