Case: Ali v. Rumsfeld

1:05-cv-01378 | U.S. District Court for the District of Columbia

Filed Date: July 8, 2005

Closed Date: March 27, 2007

Clearinghouse coding complete

Case Summary

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…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4202692/parties/ali-v-rumsfeld/


Judge(s)

Edwards, Harry Thomas (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Hogan, Thomas Francis (District of Columbia)

Attorneys(s) for Plaintiff

Chemerinsky, Erwin (North Carolina)

Guttentag, Lucas (California)

Hoffman, Paul L. (California)

Hutson, John D. (New Hampshire)

Jadwat, Omar C. (New York)

Keitner, Chimene I (California)

Lamoreaux, Annette M. (Connecticut)

Judge(s)

Edwards, Harry Thomas (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Hogan, Thomas Francis (District of Columbia)

Attorneys(s) for Plaintiff

Chemerinsky, Erwin (North Carolina)

Guttentag, Lucas (California)

Hoffman, Paul L. (California)

Hutson, John D. (New Hampshire)

Jadwat, Omar C. (New York)

Keitner, Chimene I (California)

Lamoreaux, Annette M. (Connecticut)

Lee, Bill Lann (California)

Patel, Priti N. (New York)

Pearlstein, Deborah N. (California)

Posner, Michael H. (New York)

Rudovsky, David (Pennsylvania)

Sekhon, Nirej S. (California)

Shamsi, Hina (New York)

Shapiro, Steven R. (New York)

Singh, Amrit (New York)

Spitzer, Arthur (District of Columbia)

Wang, Cecillia D (California)

Watt, Steven M. (New York)

Attorneys(s) for Defendant

Meeks, J Marcus (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Oct. 3, 2011 Docket
1

Complaint

Ali v. Pappas

U.S. District Court for the District of Connecticut

March 1, 2005 Complaint
6

Consolidated Amended Complaint for Declaratory Relief and Damages

Ali v. Pappas

Jan. 5, 2006 Complaint
18

Memorandum Opinion

479 F.Supp.2d 85

March 27, 2007 Order/Opinion
4819

Order

In Re: Iraq and Afghanistan Detainees Litigation [06-145]

March 27, 2007 Order/Opinion

Order (Affirming District Court's Judgment of Dismissal)

U. S. Court of Appeals for the District of Columbia Circuit

649 F.3d 762

June 21, 2011 Order/Opinion

Complaint for Declaratory Relief and Damages

U.S. District Court for the Northern District of Illinois

None Complaint

Resources

Title Description External URL

Ali v. Rumsfeld

The Center for Justice and Accountability

On September 20, 2010, CJA signed on to an amicus brief filed with the D.C. Circuit Court of Appeals in support of the plaintiffs who alleged they were tortured and abused while detained by the U.S. … June 21, 2011 https://cja.org/what-we-do/litigation/amicus-briefs/ali-v-rumsfeld/

Ali v. Rumsfeld - Case Profile

ACLU

In March 2005, the ACLU and Human Rights First filed a landmark lawsuit charging former Defense Secretary Donald Rumsfeld and other senior military leaders with direct responsibility for the torture … March 19, 2012 https://www.aclu.org/cases/ali-v-rumsfeld-case-profile

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4202692/ali-v-rumsfeld/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CERTIFIED COPY OF TRANSFER ORDER: from Judicial Panel on Multidistrict Litigation transferring an action in the Northern District of Illinois to the District of Columbia, assigned to Honorable Chief Judge Thomas F. Hogan for coordinated or consolidated pretrial proceedings pursuant to 28 USC Sectiion 1407 N) (ks, ) (Entered: 08/12/2005)

July 8, 2005 RECAP
2

COPY OF LETTER from Nancy Mayer-Whittington Clerk, USDC DC to Clerk, USDC for the Northern District of Illinois, requesting transfer of the file and docket entries in C.A. No. 1:05-1201 (ks, ) (Entered: 08/12/2005)

Aug. 10, 2005 RECAP
3

NOTICE of Appearance by Arthur B. Spitzer on behalf of all plaintiffs (Spitzer, Arthur) (Entered: 11/21/2005)

Nov. 21, 2005 RECAP
4

ORDER scheduling a conference for Tuesday, January 31, 2006 at 10:30 a.m. in Courtroom 25 and scheduling a filing date for defendants' answers to the complaints. Signed by Chief Judge Thomas F. Hogan on November 23, 2005. (lctfh2) (Entered: 11/28/2005)

Nov. 28, 2005 RECAP
5

Joint MOTION for Extension of Time to Respond to Consolidated Amended Complaint by ARKAN MOHAMMED ALI. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/12/2005)

1 Text of Proposed Order

View on RECAP

Dec. 12, 2005 RECAP
6

CONSOLIDATED AMENDED COMPLAINT against DONALD H. RUMSFELDfiled by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI.(nmw, ) (Entered: 01/06/2006)

Jan. 5, 2006 RECAP
7

Joint MOTION to Suspend Local Civil Rule Obligation to File Residence Addresses by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/06/2006)

1 Text of Proposed Order

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Jan. 6, 2006 RECAP
8

Consent MOTION to Consolidate Future Filings by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/12/2006)

1 Text of Proposed Order

View on RECAP

Jan. 12, 2006 RECAP
9

ORDER granting [#7] Joint Motion to Suspend their Local Rule 5.1(e) and 11.1 Obligations, Signed by Chief Judge Thomas F. Hogan on 3/2/06. (hs,) (Entered: 03/02/2006)

March 2, 2006 RECAP
10

MOTION to Dismiss by DONALD H. RUMSFELD. (Attachments: # 1 Text of Proposed Order # 2 Exhibit)(Meeks, J.) (Entered: 03/06/2006)

1 Text of Proposed Order

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2 Exhibit

View on RECAP

March 6, 2006 RECAP
11

Joint MOTION to Set Briefing Schedule by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 03/24/2006)

1 Text of Proposed Order

View on RECAP

March 24, 2006 RECAP
12

ORDER granting 8 Consent Motion to Consolidate Future Filings. Signed by Chief Judge Thomas F. Hogan on April 4, 2006. (lctfh2) (Entered: 04/04/2006)

April 4, 2006 RECAP
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Priti N. Patel. :Address- 333 7th Avenue, NY NY 10001. Phone No. - 212-845-5200. Fax No. - 212-845-5299 by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Patel Declaration# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/18/2006)

1 Patel Declaration

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2 Text of Proposed Order

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May 18, 2006 RECAP
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Deborah N. Pearlstein. :Address- 333 7th Avenue, NY NY 10001. Phone No. - 212-845-5200. Fax No. - 212-845-5299 by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Pearlstein Declaration# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/18/2006)

1 Pearlstein Declaration

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2 Text of Proposed Order

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May 18, 2006 RECAP
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael H. Posner. :Address- 333 7th Avenue, NY NY 10001. Phone No. - 212-845-5200. Fax No. - 212-845-5299 by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Posner Declaration# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/18/2006)

1 Posner Declaration

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2 Text of Proposed Order

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May 18, 2006 RECAP
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hina Shamsi. :Address- 333 7th Avenue NY NY 10001. Phone No. - 212-845-5200. Fax No. - 212-845-5299 by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. (Attachments: # 1 Shamsi Declaration# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/18/2006)

1 Shamsi Declaration

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2 Text of Proposed Order

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May 18, 2006 RECAP
17

ORDER; granting [#16] Motion for Leave to Appear Pro Hac Vice ;Hina Shamsi, Signed by Chief Judge Thomas F. Hogan on 10/13/06. (hs,) (Entered: 10/17/2006)

Oct. 17, 2006 RECAP
18

MEMORANDUM OPINION. Signed by Chief Judge Thomas F. Hogan on 3/27/07. (Entered: 03/27/2007)

March 27, 2007 PACER
19

ORDER granting Defendant Pappas' Motion to Dismiss in part and denying in part as moot (13) in case 1:05-cv-01377-TFH; granting Defendant's and United States' Motion to Dismiss in its entirety in case 1:05-cv-01378-TFH (10); granting in part and denying in part as moot Defendant Janis Karpinski's Motion to Dismiss (13) in case 1:05-cv-01379-TFH; granting in part and denying in part as moot Defendant Lieutenant General Ricardo Sanchez's Motion to Dismiss in case 1:05-cv-01380-TFH in case 1:05-cv-01379-TFH; dismissing plaintiff's cases. Signed by Chief Judge Thomas F. Hogan on 3/27/07. (Entered: 03/27/2007)

March 27, 2007 PACER
20

NOTICE OF APPEAL as to 19 Order on Motion to Dismiss,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, 18 Memorandum & Opinion by MEHBOOB AHMAD, NAJEEB ABBAS AHMED, ALI H., SHERZAD KAMAL KHALID, HAJI ABDUL RAHMAN, THAHE MOHAMMED SABAR, MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, ARKAN MOHAMMED ALI. Filing fee $ 455, receipt number 1200422. Fee Status: Fee Paid. Parties have been notified. (Spitzer, Arthur) (Entered: 05/24/2007)

May 24, 2007 RECAP
21

ORDER of USCA as to 20 Notice of Appeal, filed by MOHAMMED KARIM SHIRULLAH, SAID NABI SIDDIQI, THAHE MOHAMMED SABAR, HAJI ABDUL RAHMAN, ALI H., ARKAN MOHAMMED ALI, NAJEEB ABBAS AHMED, MEHBOOB AHMAD, SHERZAD KAMAL KHALID; ORDER denying without prejudice to renewal motion for summary affirmance; FURTHER ORDERED, on the court's own motion, that these consolidated cases be held in abeyance pending further order of the court. (USCA 07-5178) (mmh, ) Modified on 11/17/2008 (jeb, ). (Entered: 11/06/2008)

Oct. 27, 2008 RECAP

State / Territory: District of Columbia

Case Type(s):

National Security

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):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

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):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Courts

Excessive force

False arrest

International law

Over/Unlawful Detention

Placement in detention facilities

Restraints : chemical

Restraints : physical

Terrorism/Post 9-11 issues

Type of Facility:

Government-run