Supreme Court Detainee Decision May Not Block Suits Against Top Officials
Washington Independent:
In denying the right of a Muslim Pakistani immigrant to sue former Attorney General John Ashcroft and FBI director Robert Mueller for his prolonged imprisonment and harsh treatment based on his religion and national origin, the Supreme Court on Monday raised the bar for plaintiffs seeking to sue high-level government officials for policies carried out by their subordinates.
The decision has been cited by some in the media as blocking the right to sue a public official for wrongful detention or mistreatment. In fact, the decision was tailored narrowly, leaving the door open to such suits in the future. Yet it remains unclear how specific the plaintiff's claims must be for a court to allow the case to proceed against high-level officials who condone unconstitutional practices.







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First Posted: 05-19-09 08:09 AM | Updated: 05-19-09 08:15 AM