Supreme Court Review 2017/2018 TERM
SATURDAY, NOVEMBER 25, 2017
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Issue:  Immunity
Consolidated With:  Ziglar v. Turkmen
Ashcroft v. Turkmen

Hasty v. Turkmen

15-1363

QUESTION(S) PRESENTED

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).

DECISION

Fully Briefed and Argued
Awaiting Decision

PROCEEDING BELOW

United States Court of Appeals for the Second Circuit
Decided June 17, 2015
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