Filed Date: July 8, 2005
Closed Date: March 27, 2007
Clearinghouse coding complete
In 2005, plaintiffs, four Afghan and five Iraqi citizens who were incarcerated in U.S. detention facilities in Afghanistan and Iraq, respectively, filed suit against the U.S. Secretary of Defense Donald Rumsfeld and three high-ranking U.S. Army officers, alleging violations of the Fifth Amendment due process clause, Fifth and Eighth Amendment prohibition on cruel and unusual punishment, the law of nations prohibitions against torture and against cruel, inhuman, or degrading treatment under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, and the Third and Fourth Geneva Conventions, 6 U.S.T. 3316 and 6 U.S.T. 3516. Plaintiffs alleged they were subject to torture and cruel, inhuman, or degrading detention while in U.S. military custody, including beatings, sexual assault, deprivation of food and medical care, and mock executions.
The plaintiffs originally filed separate actions in United States District Court for the District of Connecticut, the Northern District of Illinois, the District of South Carolina, and the Southern District of Texas. The multidistrict litigation was consolidated in United States District Court for the District of Columbia, pursuant to an order dated June 17, 2005 under 28 U.S.C. § 1407, and an amended consolidated complaint was filed in January 2006. The American Civil Liberties Union represented the plaintiffs.
In March 2006, each of the four defendants moved to dismiss the case. After extensive briefing and oral arguments, the district court dismissed the case against all defendants in March 2007 on the grounds that defendants were entitled to qualified immunity as to several counts of the complaint, and absolute immunity as to the law of nations and Geneva Conventions complaints, pursuant to the Federal Employees Liability Reform and Tort Compensation Act of 1988 (the Westfall Act), 28 U.S.C. §§ 2671, 2674, 2679. In re Iraq and Afghanistan Detainees Litigation, 479 F. Supp. 2d 85 (D.D.C. 2007). The district court declined plaintiffs' suggestion to infer causes of action for tort liability pursuant to Bivens.
The plaintiffs appealed on May 24, 2007 to the United States Court of Appeals for the District of Columbia Circuit. The D.C. Circuit affirmed the district court's judgment of dismissal. Ali v. Rumsfeld, 649 F.3d 762 (D.C. Cir. 2011), rehearing en banc denied, (Sept. 19, 2011).
Summary Authors
Elizabeth Homan (11/11/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4202692/parties/ali-v-rumsfeld/
Duffy, Patrick Michael (South Carolina)
Edwards, Harry Thomas (District of Columbia)
Henderson, Karen LeCraft (District of Columbia)
Chemerinsky, Erwin (North Carolina)
Guttentag, Lucas (California)
Chemerinsky, Erwin (North Carolina)
Hutson, John D. (New Hampshire)
Keitner, Chimene I (California)
Lamoreaux, Annette M. (Connecticut)
McClain, Ray Pratt (South Carolina)
Pearlstein, Deborah N. (California)
Redman, Renee Colette (Connecticut)
Rudovsky, David (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/4202692/ali-v-rumsfeld/
Last updated Dec. 1, 2025, 3:43 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Multi-LexSum (in sample)
Key Dates
Filing Date: July 8, 2005
Closing Date: March 27, 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are four Afghan and five Iraqi citizens who were incarcerated in U.S. detention facilities in Afghanistan and Iraq, respectively.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Defense, Federal
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Other Dockets:
District of District of Columbia 1:05-cv-01378
District of Connecticut 3:05-cv-00371
District of South Carolina 9:05-cv-00654
Southern District of Texas 7:05-cv-00065
District of District of Columbia 06-00145
District of District of Columbia 05-01377
District of District of Columbia 05-01380
U.S. Court of Appeals for the District of Columbia Circuit 07-05178
District of District of Columbia 05-01379
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Access to lawyers or judicial system
Jails, Prisons, Detention Centers, and Other Institutions:
Over/Unlawful Detention (facilities)
Placement in detention facilities
Policing: