Case: Meshal v. Higgenbotham

1:09-cv-02178 | U.S. District Court for the District of Columbia

Filed Date: Nov. 10, 2009

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 10, 2009, a Muslim American citizen who was detained and tortured while traveling abroad filed a lawsuit in the U.S. District Court for the District of Columbia under Bivens and the Torture Victim Protection Act of 1991, 28 U.S.C. § 1350, against several supervising agents and two unknown agents of the Federal Bureau of Investigation. The plaintiff, represented by the ACLU and a human rights clinic at the Yale Law School, asked the court for compensatory damages, punitive damages, a…

On November 10, 2009, a Muslim American citizen who was detained and tortured while traveling abroad filed a lawsuit in the U.S. District Court for the District of Columbia under Bivens and the Torture Victim Protection Act of 1991, 28 U.S.C. § 1350, against several supervising agents and two unknown agents of the Federal Bureau of Investigation. The plaintiff, represented by the ACLU and a human rights clinic at the Yale Law School, asked the court for compensatory damages, punitive damages, and other relief as necessary, claiming that he had been deprived of his Constitutional rights under the Fourth and Fifth Amendments. The plaintiff claimed that while he was traveling in the Horn of Africa, he was detained, interrogated, and tortured at the direction of and by officials in the American government. After four months of mistreatment, detained in handcuffs in an underground room, with no windows or toilets, he was returned home to New Jersey. He was never charged with a crime.

Specifically, the plaintiff claimed “defendants detained him in secret, denied him access to counsel and the courts, and threatened him with torture and death. He sa[id] he was threatened with extradition to Israel and with rendition to Egypt.” The plaintiff was told by defendants that he “would suffer the same fate as the protagonist in the movie Midnight Express—a movie where a foreign prisoner is brutally beaten and confined in horrid conditions in a Turkish prison for refusing to cooperate.” The plaintiff was promised that if he confessed his connection to “al Qaeda, he would be returned to the United States to face civilian courts.” The plaintiff alleged that this was done to “extract a confession to terrorist activity as a prelude to prosecution.” 804 F.3d 417, 419 (D.C. Cir. 2015).

The federal government moved to dismiss the case on April 19, 2010, alleging that even if the plaintiff's allegations were true, he had no right to hold federal officials personally liable for their roles in his detention by foreign governments on foreign soil. On May 10, 2010, the plaintiff filed an amended complaint and soon after, the government filed a motion to dismiss the amended complaint. For the next several months, the parties responded to the motion to dismiss, with numerous extensions and continuances of the hearing on the motion to dismiss granted. On February 21, 2012, the plaintiff filed a second amended complaint. The defendants renewed their motion to dismiss against this second amended complaint. Throughout the remainder of 2012, numerous circuit court decisions were issued in other cases which had the potential to impact the parties’ arguments and the Court’s consideration of the motion. Accordingly, the court held a supplemental hearing on the motion to dismiss on December 12, 2013.

On June 13, 2014, Judge Emmet G. Sullivan granted the defendants' motion to dismiss. Judge Sullivan wrote that the facts alleged in this case and the legal questions presented were deeply troubling. Judge Sullivan found that the plaintiff had plausibly alleged violations of his Fourth and Fifth Amendment Rights, and described his treatment as “appalling” and “embarrassing.” Nevertheless, Judge Sullivan wrote that the court was constrained by precedent that expressly rejected a Bivens remedy for citizens who allege that they have been mistreated, and even tortured, by the United States of America in the name of intelligence gathering, national security, or military affairs. 2014 WL 2648032 (D.D.C. June 13, 2014).

On August 7, 2014, the plaintiff appealed to the D.C. Circuit Court regarding the motion to dismiss. The appeal was assigned USCA no. 14-5194. On October 23, 2015, the D.C. Circuit Court affirmed the judgement of the District Court in a 2-1 decision. (Hon. Janice Rogers Brown, Hon. Brett M. Kavanaugh concurring, Hon. Cornelia T. L. Pillard dissenting). The higher court echoed the District Court’s opinion that the allegations of federal agents abusing an American citizen abroad were quite troubling, yet also dismissed the suit, finding a Bivens action unavailable. 804 F.3d 417, 418 (D.C. Cir. 2015). The plaintiff’s petition for rehearing en banc was denied on February 2, 2016.

On June 6, 2016, a petition for writ of certiorari was filed to the Supreme Court, to resolve the question over whether a federal agent’s assertion of national security considerations justifies dismissal of a Bivens actions for Fourth and Fifth Amendment violations. The case was docketed 15-1461. Briefs were submitted in favor of the plaintiff by the U.N. Special Rapporteurs on Torture, Commonwealth Lawyers Association, Constitution Project, and by law professors. On June 27, 2017, the petition for the writ of certiorari was denied. This case is closed.

Summary Authors

Jessica Kincaid (6/16/2014)

Emma Himes (11/27/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5098062/parties/meshal-v-higgenbotham/


Judge(s)

Brown, Janice Rogers (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Choudhury, Nusrat Jahan (New York)

Hafetz, Jonathan L. (New York)

Shamsi, Hina (New York)

Spitzer, Arthur (District of Columbia)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Greene, Glenn S. (District of Columbia)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Choudhury, Nusrat Jahan (New York)

Hafetz, Jonathan L. (New York)

Shamsi, Hina (New York)

Spitzer, Arthur (District of Columbia)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Greene, Glenn S. (District of Columbia)

Other Attorney(s)

Garren, Timothy P. (District of Columbia)

Mason, Mary Hampton (District of Columbia)

Ravel, Ann Miller (California)

Documents in the Clearinghouse

Document

1:09-cv-02178

Docket (PACER)

Feb. 10, 2016

Feb. 10, 2016

Docket
3

1:09-cv-02178

Complaint for Damages and Declaratory Relief

Nov. 10, 2009

Nov. 10, 2009

Complaint
12

1:09-cv-02178

United States' Motion to Intervene as an Interested Party

Dec. 11, 2009

Dec. 11, 2009

Pleading / Motion / Brief
51

1:09-cv-02178

Second Amended Complaint Damages and Declaratory Relief

Feb. 21, 2012

Feb. 21, 2012

Complaint
63

1:09-cv-02178

Memorandum Opinion

June 13, 2014

June 13, 2014

Order/Opinion

14-05194

Opinion

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

Oct. 23, 2015

Oct. 23, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5098062/meshal-v-higgenbotham/

Last updated Sept. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to File Complaint without listing his home address by AMIR MESHAL. (Attachments: # 1 Text of Proposed Order)(jf, ) (Entered: 11/19/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
2

ORDER granting without prejudice to further review by the assigned judge 1 MOTION for Leave to File Complaint without listing his home address\. Signed by Chief Judge Royce C. Lamberth on 11/10/09. (See Order for Full Detail) (jf, ) (Entered: 11/19/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
3

COMPLAINT against CHRIS HIGGENBOTHAM, STEVE HERSEM, TWO UNKNOWN NAMED EMPLOYEES, OFFICERS, OR AGENTS OF THE UNITED STATES GOVERNMENT, JOHN AND JANE DOES 3-10 ( Filing fee $ 350, receipt number 4616025546) filed by AMIR MESHAL. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/19/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER

SUMMONS (4) Issued as to CHRIS HIGGENBOTHAM, STEVE HERSEM, U.S. Attorney and U.S. Attorney General (jf, )

Nov. 10, 2009

Nov. 10, 2009

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Hafetz, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad St, 17th floor, New York, NY 10004. Phone No. - 212-284-7321. Fax No. - 212-549-2583 by AMIR MESHAL (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(jf, ) (Entered: 11/19/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nusrat J. Choudhury, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad St, 17th floor, New York, NY 10004. Phone No. - 212-519-7876. Fax No. - 212-549-2583 by AMIR MESHAL (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(jf, ) (Entered: 11/19/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
6

SEALED DOCUMENT filed by AMIR MESHAL. (This document is SEALED and only available to authorized persons.)(zdr) (Entered: 11/20/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER

MINUTE ORDER granting 4 and 5 motions for admission pro hac vice for Jonathan Hafetz and Nusrat Choudhury. Signed by Judge Emmet G. Sullivan on November 20, 2009. (lcegs2)

Nov. 20, 2009

Nov. 20, 2009

PACER
7

NOTICE of Filing Sealed Document by AMIR MESHAL (Spitzer, Arthur) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
8

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Spitzer, Arthur) Modified on 11/23/2009 (jf, ). (Entered: 11/22/2009)

Nov. 22, 2009

Nov. 22, 2009

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney, served on 11/19/2009, answer due 1/18/2010. (jf, ) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 8 Summons Returned Executed as to US Attorney for DC was entered in error and refiled by the Clerk's Office with the service date.(jf, )

Nov. 23, 2009

Nov. 23, 2009

PACER
10

MOTION for Discovery -- motion for leave to conduct limited expedited Doe discovery by AMIR MESHAL (Attachments: # 1 Exhibit 1 - transcript of Texas hearing, # 2 Exhibit 2 - photograph of defendant Doe 1, # 3 proposed order)(Spitzer, Arthur) (Entered: 11/30/2009)

1 Exhibit 1 - transcript of Texas hearing

View on RECAP

2 Exhibit 2 - photograph of defendant Doe 1

View on RECAP

3 proposed order

View on RECAP

Nov. 30, 2009

Nov. 30, 2009

RECAP
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 11/25/2009. (Spitzer, Arthur) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
12

MOTION to Intervene by UNITED STATES (Attachments: # 1 Text of Proposed Order, # 2 Response to Discovery Motion)(znmw, ) (Entered: 12/14/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
13

Memorandum in opposition to re 12 MOTION to Intervene : NON-OPPOSITION filed by AMIR MESHAL. (Spitzer, Arthur) (Entered: 12/19/2009)

Dec. 19, 2009

Dec. 19, 2009

PACER
14

REPLY to opposition to motion re 10 MOTION for Discovery -- motion for leave to conduct limited expedited Doe discovery filed by AMIR MESHAL. (Spitzer, Arthur) (Entered: 12/19/2009)

Dec. 19, 2009

Dec. 19, 2009

RECAP

MINUTE ORDER granting 12 United States' unopposed motion to intervene for the purpose of responding to 10 plaintiff's motion for expedited Doe discovery. Signed by Judge Emmet G. Sullivan on December 22, 2009. (lcegs2)

Dec. 22, 2009

Dec. 22, 2009

PACER
15

WITHDRAWN PURSUANT TO MINUTE ORDER FILED 12/31/09.....REPLY re 10 MOTION for Discovery -- motion for leave to conduct limited expedited Doe discovery filed by UNITED STATES. (Greene, Glenn) Modified on 1/4/2010 (jf, ). (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
16

ERRATA re United States' Reply by UNITED STATES 10 MOTION for Discovery -- motion for leave to conduct limited expedited Doe discovery filed by AMIR MESHAL. (Greene, Glenn) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

RECAP

MINUTE ORDER directing the United States government to withdraw 15 reply to motion for discovery. The Court will disregard the reply. Signed by Judge Emmet G. Sullivan on December 31, 2009. (lcegs2 )

Dec. 31, 2009

Dec. 31, 2009

PACER

SUMMONS (2) REISSUED as to STEVE HERSEM, CHRIS HIGGENBOTHAM. (kb)

Jan. 11, 2010

Jan. 11, 2010

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to STEVE HERSEM served on 1/11/2010, answer due 3/12/2010. (Choudhury, Nusrat) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to CHRIS HIGGENBOTHAM served on 1/11/2010, answer due 3/12/2010. (Choudhury, Nusrat) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
19

ERRATA to Summons Return Executed as to Defendant Hersem (Corrected docket number on attached Declaration of James Puzo) by AMIR MESHAL 17 Summons Returned Executed as to Federal Defendant. (Choudhury, Nusrat) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
20

ERRATA Summons Return Executed as to Defendant Higgenbotham (Corrected docket number and date of service on attached Declaration of James Puzo) by AMIR MESHAL 18 Summons Returned Executed as to Federal Defendant. (Choudhury, Nusrat) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER

MINUTE ORDER. The court sua sponte schedules a hearing on Plaintiff's Motion to Conduct Limited Expedited Discovery 10 on January 20, 2010 at 2:30 p.m. Signed by Judge Emmet G. Sullivan on January 15, 2010. (lcegs4)

Jan. 15, 2010

Jan. 15, 2010

PACER

MINUTE ORDER. Due to unforeseen circumstances, it is necessary to reschedule the motions hearing currently scheduled for January 20, 2010. The motions hearing will now take place on January 25, 2010 at 11:00 a.m. in Courtroom 24A. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on January 19, 2010. (lcegs1)

Jan. 19, 2010

Jan. 19, 2010

PACER

Set/Reset Hearings: Motion Hearing set for 1/25/2010 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

Jan. 20, 2010

Jan. 20, 2010

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 1/25/2010 re 10 motion for leave to conduct limited expedited discovery heard. Order to be presented. (Court Reporter CATALINA KERR.) (clv, )

Jan. 25, 2010

Jan. 25, 2010

PACER

MINUTE ORDER. The Court has considered 10 plaintiff's Motion for Limited Expedited Doe Discovery, the response and reply thereto, and the arguments set forth in open court at the motions hearing in this matter on January 25, 2010. For the reasons stated in open court, and pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government is directed to serve the Complaint upon the two "federal agents who it is indicated by the records of the [Federal Bureau of Investigation] participated in" some or all of the actions ascribed in the Complaint to Defendants Doe 1 and Doe 2. Bivens, 403 U.S. at 389 n. 2. The government is directed to effect service upon the two agents by Monday, February 1, 2010, or to file a motion for reconsideration focusing strictly on Bivens' applicability to the government's service of Does 1 and 2. If a motion for reconsideration is filed, plaintiff is directed to file his response by February 8, 2010 and the government shall file its reply by February 10, 2010. Signed by Judge Emmet G. Sullivan on January 25, 2010. (lcegs4)

Jan. 25, 2010

Jan. 25, 2010

PACER

Set/Reset Deadlines: Government is directed to effect service upon the two agents or file a motion for reconsideration by 2/1/2010; Responses due by 2/8/2010; Replies due by 2/10/2010. (clv, )

Jan. 26, 2010

Jan. 26, 2010

PACER

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Nusrat J. Choudhury is granted leave to appear pro hac vice in the above-captioned case. Signed by Judge Emmet G. Sullivan on January 26, 2010. (lcegs4)

Jan. 26, 2010

Jan. 26, 2010

PACER
21

Unopposed MOTION for Protective Order (Stipulated) In Response to the Court's Minute Order of January 25, 2010 by UNITED STATES (Attachments: # 1 Text of Proposed Order Exhibit A)(Greene, Glenn) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
22

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Emmet G. Sullivan on 2/3/10. (clv, ) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
23

Unopposed MOTION for an Order Directing the Clerk of Court to Issue Summonses for "John Doe 1" and "John Doe 2" in Compliance with the February 4, 2010, Stipulated protective Order re 22 Protective Order by AMIR MESHAL (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
24

ORDER granting 23 Plaintiff's Unopposed Motion for Clerk to Issue Summonses for John Does 1 and 2, as directed in attached order. Signed by Judge Emmet G. Sullivan on February 9, 2010. (lcegs4) (Entered: 02/09/2010)

Feb. 9, 2010

Feb. 9, 2010

PACER
25

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TWO UNKNOWN NAMED EMPLOYEES, OFFICERS, OR AGENTS OF THE UNITED STATES GOVERNMENT served on 2/17/2010, answer due 3/10/2010 (Attachments: # 1 Declaration of Service on Doe 1, # 2 Declaration of Service on Doe 2)(Spitzer, Arthur) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER
27

SEALED Return of Service filed by AMIR MESHAL. re 24 granting 23 Plaintiff's Unopposed Motion for Clerk to Issue Summonses for John Does 1 and 2, as directed in attached order. (This document is SEALED and only available to authorized persons.)(zjf, ) (Entered: 02/22/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN DOE 1 served on 2/17/2010, answer due 3/10/2010; JOHN DOE 2 served on 2/17/2010, answer due 3/10/2010 (DOCUMENT FILED UNDER SEAL) (See Docket Entry 24 ) (jf, )

Feb. 18, 2010

Feb. 18, 2010

PACER
26

Consent MOTION for Extension of Time to File Response and for Consolidated Response and Briefing Schedule by STEVE HERSEM, CHRIS HIGGENBOTHAM, TWO UNKNOWN NAMED EMPLOYEES, OFFICERS, OR AGENTS OF THE UNITED STATES GOVERNMENT (Attachments: # 1 Text of Proposed Order Proposed Order)(Greene, Glenn) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER

MINUTE ORDER. In view of the number of defendants involved in the case, the possibility that the parties will have to respond to several motions and oppositions, and the consensual nature of the motion, the court grants 26 Consent Motion for an Enlargement of Time and to Establish a Consolidated Briefing Schedule. Defendants Hersem, Higgenbotham, and Does 1 and 2 shall respond to the Complaint by no later than April 19, 2010; Plaintiff shall respond to any dispositive motion filed by the Defendants by no later than June 4, 2010, and the Defendants shall reply by no later than July 6, 2010. The parties are instructed that the Court will view with disfavor any additional requests for extension of time. Signed by Judge Emmet G. Sullivan on February 19, 2010.(lcegs4)

Feb. 19, 2010

Feb. 19, 2010

PACER

Set/Reset Deadlines: Answer due by 4/19/2010, Response to Dispositive Motions due by 6/4/2010. Reply to Dispositive Motions due by 7/6/2010. (clv, )

Feb. 19, 2010

Feb. 19, 2010

PACER
28

SEALED Notice filed by UNITED STATES. re 24 ORDER granting 23 Plaintiff's Unopposed Motion for Clerk to Issue Summonses for John Does 1 and 2, as directed in attached order. (This document is SEALED and only available to authorized persons.)(zjf, ) (Entered: 03/04/2010)

March 3, 2010

March 3, 2010

PACER
29

MOTION to Dismiss Filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Text of Proposed Order)(Greene, Glenn) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
30

ERRATA to Motion to Dismiss (Corrected Pages i-viii) by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 29 MOTION to Dismiss Filed filed by CHRIS HIGGENBOTHAM, JOHN DOE 2, STEVE HERSEM, JOHN DOE 1. (Attachments: # 1 Errata Corrected Pages i-viii)(Greene, Glenn) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

PACER
31

AMENDED COMPLAINT against STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN AND JANE DOES 3-10, JOHN DOE 1, JOHN DOE 2 filed by AMIR MESHAL.(znmw, ) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
32

Consent MOTION for Extension of Time to File Response to Amended Complaint and to Establish a Consolidated Briefing Schedule by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Text of Proposed Order Proposed Order)(Greene, Glenn) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER

MINUTE ORDER GRANTING 32 Consent Motion for extension of time and proposed briefing schedule. Defendants shall file their renewed motion to dismiss by no later than June 23, 2010; plaintiff shall file his opposition by no later than July 23, 2010; defendants shall file their response by no later than August 20, 2010. In light of defendants' representation that "[t]he Defendants will move to dismiss the Amended Complaint and in the interest of judicial economy they intend to file a single, full motion to dismiss rather than a supplement to the motion to dismiss that was filed on April 19, 2010", 29 Defendants' Motion to Dismiss is hereby DENIED without prejudice. Signed by Judge Emmet G. Sullivan on May 14, 2010. (lcegs4)

May 14, 2010

May 14, 2010

PACER

Set/Reset Deadlines: Dispositive Motions due by 6/23/2010. Response to Dispositive Motions due by 7/23/2010. Reply to Dispositive Motions due by 8/20/2010. (clv, )

May 18, 2010

May 18, 2010

PACER
33

MOTION to Dismiss Plaintiff's Amended Complaint Filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Text of Proposed Order Proposed Order)(Greene, Glenn) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
34

Consent MOTION for Extension of Time to Respond to the Defendants' Motion to Dismiss the Amended Complaint by AMIR MESHAL (Attachments: # 1 Text of Proposed Order)(Choudhury, Nusrat) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER

MINUTE ORDER granting 24 plaintiff's consent motion for extension of time to respond to defendants' motion to dismiss the amended complaint. Plaintiff shall file his opposition to the motion to dismiss by no later than September 3, 2010. Defendants shall file their reply by no later than October 15, 2010. Signed by Judge Emmet G. Sullivan on July 14, 2010. (lcegs4)

July 14, 2010

July 14, 2010

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 9/3/2010. Reply to Dispositive Motions due by 10/15/2010. (clv, )

July 14, 2010

July 14, 2010

PACER
35

Memorandum in opposition to re 33 MOTION to Dismiss Plaintiff's Amended Complaint Filed filed by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
36

Unopposed MOTION for Leave to File Excess Pages by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Text of Proposed Order)(Greene, Glenn) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER

MINUTE ORDER granting 36 defendants' unopposed motion for enlargement of page limitation for defendants' reply brief. Defendants' reply brief shall be limited to no more than 33 pages. Signed by Judge Emmet G. Sullivan on October 12, 2010. (lcegs4)

Oct. 12, 2010

Oct. 12, 2010

PACER
37

REPLY to opposition to motion re 33 MOTION to Dismiss Plaintiff's Amended Complaint Filed filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2. (Greene, Glenn) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER

MINUTE ORDER. The Court, sua sponte, schedules a hearing on 33 Defendants' Motion to Dismiss Plaintiff's Amended Complaint for February 8, 2011 at 10:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on January 5, 2011. (lcegs4)

Jan. 5, 2011

Jan. 5, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 2/8/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

Jan. 5, 2011

Jan. 5, 2011

PACER
38

Unopposed MOTION to Continue the Hearing on Defendants' Motion to Dismiss the Amended Complaint by AMIR MESHAL (Attachments: # 1 Text of Proposed Order)(Choudhury, Nusrat) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER

MINUTE ORDER granting 38 plaintiff's unopposed motion to continue the hearing on defendants' motion to dismiss the amended complaint. The hearing is hereby scheduled for March 1, 2011 at 11:00 am in Courtroom 24A. Signed by Judge Emmet G. Sullivan on January 17, 2011. (lcegs4)

Jan. 17, 2011

Jan. 17, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 3/1/2011 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

Jan. 18, 2011

Jan. 18, 2011

PACER
39

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin E. Wizner, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7860. Fax No. - (212) 549-2652 by AMIR MESHAL (Attachments: # 1 Declaration of Benjamin E. Wizner, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER

ORDER granting 39 Motion for Leave to Appear Pro Hac Vice for Benjamin E. Wizner. Signed by Judge Emmet G. Sullivan on January 27, 2011. (lcegs4)

Jan. 27, 2011

Jan. 27, 2011

PACER

MINUTE ORDER. Due to the Court's calendar, the motions hearing previously scheduled for March 1, 2011 at 11:00 a.m. will now take place on March 1, 2011 at 10:00 a.m. in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on February 9, 2011. (lcegs4)

Feb. 9, 2011

Feb. 9, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 3/1/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

Feb. 9, 2011

Feb. 9, 2011

PACER
40

Unopposed MOTION to Continue Hearing on Defendants' Motion to Dismiss by AMIR MESHAL (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER

MINUTE ORDER. In view of 40 the plaintiff's unopposed motion for an additional continuance of the hearing on defendant's motion to dismiss, the hearing previously scheduled for March 1, 2011 is hereby rescheduled for May 19, 2011 at 11:00 a.m. in Courtroom 24A. The proceedings in this matter are temporarily stayed until May 19, 2011. Signed by Judge Emmet G. Sullivan on February 24, 2011. (lcegs4)

Feb. 24, 2011

Feb. 24, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 5/19/2011 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. Case Stayed (clv, )

Feb. 25, 2011

Feb. 25, 2011

PACER
41

NOTICE OF SUPPLEMENTAL AUTHORITY by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Exhibit Lebron, et al. v. Rumsfeld, et al., 2011 WL 554061)(Greene, Glenn) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
42

RESPONSE re 41 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMIR MESHAL. (Choudhury, Nusrat) Modified on 4/27/2011 to enhance docket text (jf, ). (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER

MINUTE ORDER. The motions hearing scheduled for 11:00 am on May 19, 2011 is hereby rescheduled for 10:00 am on May 19, 2011 in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on May 12, 2011. (lcegs4)

May 12, 2011

May 12, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 5/19/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

May 13, 2011

May 13, 2011

PACER

MINUTE ORDER. Due to the Court's calendar, the motions hearing scheduled for May 19, 2011 is VACATED, to be rescheduled for a later date. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on May 16, 2011. (lcegs4)

May 16, 2011

May 16, 2011

PACER

MINUTE ORDER scheduling a hearing on 33 defendants' motion to dismiss for July 12, 2011 at 10:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 24, 2011. (lcegs4)

May 24, 2011

May 24, 2011

PACER

Set/Reset Hearings: Motion Hearing set for 7/12/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

May 25, 2011

May 25, 2011

PACER
43

NOTICE OF SUPPLEMENTAL AUTHORITY by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Exhibit)(Greene, Glenn) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 7/12/2011 re 33 MOTION to Dismiss; motion heard and taken under advisement. (Court Reporter LISA GRIFFITH.) (clv, )

July 12, 2011

July 12, 2011

PACER
44

NOTICE OF SUPPLEMENTAL AUTHORITY by AMIR MESHAL (Attachments: # 1 Exhibit, # 2 Exhibit)(Choudhury, Nusrat) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
45

RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2. (Greene, Glenn) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
46

MOTION to Amend/Correct 31 Amended Complaint by AMIR MESHAL (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Choudhury, Nusrat) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
47

RESPONSE re 46 MOTION to Amend/Correct 31 Amended Complaint filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2. (Attachments: # 1 Exhibit Text of Proposed Order)(Greene, Glenn) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
48

REPLY to opposition to motion re 46 MOTION to Amend/Correct 31 Amended Complaint filed by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
49

MOTION to Withdraw as Attorney by AMIR MESHAL (Attachments: # 1 Text of Proposed Order)(Wizner, Benjamin) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
50

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hina Shamsi, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-284-7321. Fax No. - 212-549-2654 by AMIR MESHAL (Attachments: # 1 Declaration of Hina Shamsi, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER

MINUTE ORDER treating as opposed 46 plaintiff's motion for leave to file an amended complaint, and granting over objection. See Fed. R. Civ. P. 15(a)(2) (The court should freely give leave when justice so requires.); see also Richardson v. United States, 193 F.3d 545, 548-49 (D.C. Cir. 1999) (Leave to amend a complaint should be freely given in the absence of undue delay, bad faith, undue prejudice to the opposing party, repeated failure to cure deficiencies, or futility. (citing Foman v. Davis, 371 U.S. 178, 182 (1962))). Plaintiff's Second Amended Complaint is hereby deemed filed. It is further ordered, for the reasons set forth by plaintiff in his motion for leave to amend and his reply in support thereof, that defendants may file a supplemental memorandum in support of their pending motion to dismiss, not to exceed 15 pages, within the time limits set forth by Federal Rule of Civil Procedure 15(a)(3). Plaintiff may file a response to defendants' supplemental memorandum, not to exceed ten pages, by no later than ten days after defendants' supplemental memorandum is filed. SO ORDERED. Signed by Judge Emmet G. Sullivan on February 21, 2012. (lcegs4)

Feb. 21, 2012

Feb. 21, 2012

PACER

MINUTE ORDER granting 49 Benjaman Wizner's motion to withdraw as attorney for plaintiff. Signed by Judge Emmet G. Sullivan on February 21, 2012. (lcegs4)

Feb. 21, 2012

Feb. 21, 2012

PACER

MINUTE ORDER granting 50 motion for leave to appear pro hac vice by Hina Shamsi. Signed by Judge Emmet G. Sullivan on February 21, 2012. (lcegs4)

Feb. 21, 2012

Feb. 21, 2012

PACER
51

SECOND AMENDED COMPLAINT against STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN AND JANE DOES 3-10, JOHN DOE 1, JOHN DOE 2 filed by AMIR MESHAL.(jf, ) (Entered: 02/22/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
52

SUPPLEMENTAL MEMORANDUM to re 37 Reply to opposition to Motion, 33 MOTION to Dismiss Plaintiff's Amended Complaint Filed filed by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2. (Greene, Glenn) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
53

RESPONSE re 52 Supplemental Memorandum, 35 Memorandum in Opposition to Defendants' Renewed Motion to Dismiss the Second Amended Complaint filed by AMIR MESHAL. (Choudhury, Nusrat) Modified on 3/20/2012 (jf, ). (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
54

NOTICE OF SUPPLEMENTAL AUTHORITY by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Exhibit Padilla v. Yoo, 2012 WL 1526156)(Greene, Glenn) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
55

RESPONSE re 54 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
56

NOTICE OF SUPPLEMENTAL AUTHORITY by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Exhibit)(Greene, Glenn) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
57

RESPONSE re 56 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
58

NOTICE OF SUPPLEMENTAL AUTHORITY by STEVE HERSEM, CHRIS HIGGENBOTHAM, JOHN DOE 1, JOHN DOE 2 (Attachments: # 1 Exhibit Vance v. Rumsfeld - 2012 WL 5416500)(Greene, Glenn) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
59

RESPONSE re 58 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
60

STATUS REPORT by AMIR MESHAL. (Choudhury, Nusrat) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER

MINUTE ORDER. Pending before the Court is defendants' motion to dismiss plaintiffs' Second Amended Complaint. Due to the numerous circuit court decisions which have been issued since defendants initially filed this motion, which the Court recognizes could impact the parties' arguments and the Court's consideration of the motion, the Court believes that an additional hearing is appropriate. Accordingly, it is hereby ORDERED that the Court will hold a supplemental hearing in this matter on December 11, 2013 at 1:00 PM in Courtroom 24A. The parties should be prepared to address the recent circuit decisions in Lebron v. Rumsfeld, (4th Cir. 2012), Padilla v. Yoo, (9th Cir. 2012), Doe v. Rumsfeld, (D.C. Cir. 2012), and Vance v. Rumsfeld (7th Cir. 2012), and not to repeat arguments previously raised. Signed by Judge Emmet G. Sullivan on November 1, 2013. (lcegs4)

Nov. 1, 2013

Nov. 1, 2013

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 10, 2009

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A U.S. citizen who was detained and tortured while traveling abroad

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

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

Assault/abuse by staff

Conditions of confinement

Extradition

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Torture

Discrimination-basis:

Race discrimination

Religion discrimination

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern