Hasty v. Turkmen15-1363
1. Whether, as the Second Circuit held, the judicially implied cause of action for damages against individual officials recognized in Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), extends to this context.
2. Whether qualified immunity was properly denied, notwithstanding the specific circumstances confronted by petitioners—including the FBI’s terrorism designations for respondents—because the Constitution “clearly” prohibits any “condition of pretrial detention not reasonably related to a legitimate governmental objective,” Pet. App. 57a-58a, or imposed “because of * * * race, ethnicity, religion, and/or national origin,” id. at 72a-73a.
3. Whether the allegations against Hasty and Sherman—such as the assertion that they “knew” the FBI’s terrorism designations for respondents were wrong but imposed otherwise mandatory confinement conditions because they had discriminatory intent—are sufficiently plausible to state a claim under Ashcroft v. Iqbal, 556 U.S. 662 (2009).
DECISIONFully Briefed and Argued
ORAL ARGUMENTArgued 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, 2015