Case: Turkmen v. Ashcroft

1:02-cv-02307 | U.S. District Court for the Eastern District of New York

Filed Date: April 17, 2002

Case Ongoing

Clearinghouse coding complete

Case Summary

Turkmen v. Ashcroft, also known as Ziglar v. Abbasi, is one of two related actions filed in the U.S. District Court for the Eastern District of New York by plaintiffs who were investigated and detained for suspected terrorist ties in the wake of the 9/11 attacks. It was filed on April 17, 2002 as a class-action lawsuit, but the class was never certified. The case was assigned to Judge John Gleeson. (The related case, Elmaghraby v. Ashcroft (later Ashcroft v. Iqbal), was also assigned to Judge …

Turkmen v. Ashcroft, also known as Ziglar v. Abbasi, is one of two related actions filed in the U.S. District Court for the Eastern District of New York by plaintiffs who were investigated and detained for suspected terrorist ties in the wake of the 9/11 attacks. It was filed on April 17, 2002 as a class-action lawsuit, but the class was never certified. The case was assigned to Judge John Gleeson. (The related case, Elmaghraby v. Ashcroft (later Ashcroft v. Iqbal), was also assigned to Judge Gleeson, and was settled following the Supreme Court's ruling in that case, 556 U.S. 662.) This case was reassigned to Judge Dora Irizarry on March 9, 2016, when Judge Gleeson resigned from the bench to return to private practice.

The plaintiffs in this case were men of Middle Eastern and South Asian descent who were arrested by the FBI and the INS in immigration raids following the September 11 attacks. They were held for months in the Metropolitan Detention Center in Brooklyn as the FBI investigated potential links to terrorism, but they were never charged with a crime. Some of the plaintiffs alleged that they were kept in solitary confinement, barred from communication with attorneys, family, and friends, subjected to physical and verbal abuse, and obstructed in their efforts to practice their religion. They sued the U.S. Attorney General, the FBI Director, the INS Commissioner, and employees of the Metropolitan Detention Center, alleging violations of the First, Fourth, Fifth, and Sixth Amendments, international human rights law, the Civil Rights Act, and the Alien Tort Statute, seeking compensatory and punitive damages.

Factually, the plaintiffs alleged that notices to appear in court were delayed in reaching them, that they were subject to a blanket no-bond policy, and that they were arbitrarily classified as "of high interest." They claimed that they were subjected to strip searches, sleep deprivation, effective denial of exercise, denial of hygiene items and adequate food, inadequate medical attention, deliberate interference with religious rights, communications blackouts, interference with access to counsel, and denial of consular rights. The plaintiffs further alleged that they were subjected to these harsh conditions because of their religion or ethnicity, and that their continued detention under these conditions stemmed from a discriminatory policy created by high-level officials in the Bush Administration.

The plaintiffs later amended their complaint in light of reports published by the Office of the Inspector General in April and December 2003. The amended complaints added new allegations, claims under the Federal Tort Claims Act, one additional plaintiff, and 28 Metropolitan Detention Center employees as defendants.

Four plaintiffs who had been deported were paroled into the U.S. for deposition. This was the first time that non-citizens barred from re-entering the U.S. were allowed to enter for the purpose of pursuing a civil case. While in the country they were under the strict custody of the U.S. Marshals Service.

In 2007, the Department of Justice indicted eleven current and former Metropolitan Detention Center employees, including three Turkmen defendants. Ten of the eleven were convicted of physical attacks against detainees at the Center; those convictions did not involve attacks against the plaintiffs in this case.

Following the 2009 Supreme Court ruling in Ashcroft v. Iqbal, six of the plaintiffs settled their claims for $1.26 million. The remaining plaintiffs filed a fourth amended complaint on September 13, 2010, adding six new plaintiffs and attempting to meet the pleading standard set in Iqbal, so as to maintain claims against Ashcroft and other high-ranking officials.

On January 15, 2013, the district court dismissed all claims against the Attorney General, the FBI Director, and the INS Commissioner (the "DOJ defendants"), and also dismissed two of the claims against the Metropolitan Detention Center employees (the "MDC defendants"). Those two claims, based on alleged communications blackouts and interference with counsel, were dismissed on the grounds of qualified immunity.

The plaintiffs collectively and the MDC defendants individually appealed the ruling to the Second Circuit. The appeals were consolidated as Case No. 13-1662; the consolidated appeal was heard on May 1, 2014. More than a year later, on June 17, 2015, the appeals court reinstated the plaintiffs' claims under the Due Process Clause, the Equal Protection Clause, the Fourth Amendment, and 42 U.S.C. §1985, against the DOJ defendants and the MDC defendants. The court upheld the dismissal, however, of the plaintiffs' claims under the Free Exercise Clause.

In reinstating the claims against the Attorney General and the FBI Director for their post-September 11 policy decisions, the court was extending the application of Bivens into "a context not previously recognized by the Supreme Court or Second Circuit precedent." 789 F.3d 218 (2d Cir. 2015). It was also an innovation for the court to hold that officials were not protected by qualified immunity for punitive and discriminatory confinement and unreasonable strip searches that they imposed on detainees after learning that those detainees were being held with no individualized suspicion of terrorist connections.

The defendants' petition for rehearing en banc was denied; they subsequently sought a 90-day stay of the mandate while the Solicitor General determined whether to appeal to the Supreme Court. The appeals court granted the stay, and the Supreme Court ultimately heard the appeal and issued a decision on June 19, 2017. Titling the case Ziglar v. Abbasi, the Supreme Court held that the Second Circuit should not have extended Bivens liability to the DOJ defendants, emphasizing that "Congress, not the courts, should decide whether a damages action should be allowed." 137 S.Ct. 1843. It held that the plaintiffs' abuse allegations against the MDC defendants did state a plausible claim for relief under the Fifth Amendment, and remanded to the Second Circuit to determine whether a Bivens damages remedy would be appropriate. Finally, the Court dismissed the 42 U.S.C. §1985 conspiracy claims, ruling that the defendants were entitled to qualified immunity.

The Second Circuit remanded the case to the district court for additional proceedings. On February 27, 2018, the district court dismissed the plaintiffs' claims against the DOJ defendants and referred the remainder of their claims to a magistrate judge. In light of the Supreme Court's ruling, the remaining (MDC) defendants moved to dismiss the case for failure to state a claim.

On August 13, 2018, the magistrate judge issued a report, recommending that the plaintiffs' claims against the MDC defendants be dismissed. The magistrate judge concluded that Congress was in "the best position to weight the costs and benefits of allowing a [Bivens] cause of action to proceed" in the context of prisoner abuse claims such as those brought in this case.

The plaintiffs have since filed objections to the report. As of July 2, 2020, the report and the plaintiffs' objections to it are pending before the district court.

Summary Authors

Dan Dalton (1/4/2008)

Nadji Allan (10/29/2014)

Allison Hight (2/15/2016)

Sam Kulhanek (11/24/2018)

Gregory Marsh (7/2/2020)

Related Cases

Elmaghraby v. Ashcroft, Eastern District of New York (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4325697/parties/turkmen-v-ashcroft/


Judge(s)

Gleeson, John (New York)

Gold, Steven M. (New York)

Irizarry, Dora L. (New York)

Pooler, Rosemary S. (New York)

Raggi, Reena (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Chang, Nancy (New York)

Goodman, William Harry (New York)

Green, Jennifer (New York)

Kadidal, Shayana (New York)

Judge(s)

Gleeson, John (New York)

Gold, Steven M. (New York)

Irizarry, Dora L. (New York)

Pooler, Rosemary S. (New York)

Raggi, Reena (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Chang, Nancy (New York)

Goodman, William Harry (New York)

Green, Jennifer (New York)

Kadidal, Shayana (New York)

Kline, David J. (District of Columbia)

Meeropol, Rachel (New York)

Patel, Sunita (New York)

Perry, Robert Thomas (New York)

Phillips, C William (New York)

Quigley, William Patrick (Louisiana)

Reinert, Alexander A. (New York)

Sawhney, Pamela (New York)

Strugar, Matthew D. (New York)

Sum-Ping, Joanne (New York)

Winger, Michael (New York)

Yoon, Haeyoung (New York)

Yu, Stephanie (New York)

Zelnick, Kimberly Helene (New York)

Attorneys(s) for Defendant

Avallone, Rocco G. (New York)

Bakhos, Bassel (Maryland)

Barghaan, Dennis C. (Virginia)

Beck , William (Pennsylvania)

Bell, David E. (District of Columbia)

Bennett, Jo C (Maryland)

Bernal, David V. (District of Columbia)

Bloom, Margo Giselle (Pennsylvania)

Bohorquez, Fernando A. (New York)

Branch, Torts (District of Columbia)

Caldwell, Leslie R. (New York)

Caro, Richard Peter (Illinois)

Cash, Raymond P. (New York)

Cohen, Jennifer (New York)

Cohn, Jonathan F. (District of Columbia)

Cronin, Linda (New York)

D'Ambrosio, Susan M. (New York)

Driscoll, Melissa Kelly (New York)

Feldman, Cary M (District of Columbia)

Freedus, Matthew S (District of Columbia)

Graham, Robert A (District of Columbia)

Granger, Raymond (New York)

Gregg, Larry L. (Virginia)

Gupta, Dimple (District of Columbia)

Handler, Stephen E. (District of Columbia)

Henley, Madeline (District of Columbia)

Hogan, Matthew (Pennsylvania)

Justice, Tabitha (District of Columbia)

Kaizer, NIcholas Gregory (New York)

Keefe, James J. (New York)

Keisler, Peter D. (District of Columbia)

Klein, Joshua C. (New York)

Koenigsberg, David A. (New York)

Kohanim, Mehrdad (New York)

Lahlou, Shari Ross (District of Columbia)

Lasky, Brian N. (New York)

Lawler, William E. III (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Marino, Linda Marie (New York)

Martinez, Michael L. (District of Columbia)

Matthews, James F. (New York)

McCabe, Michael (Florida)

Mcdaniel, William Alden (Maryland)

Mikkelsen, Deborah Prisinzano (Pennsylvania)

Miller, Brian D. (Virginia)

Molina, Ernesto H. Jr. (District of Columbia)

Murphy, Justin P. (District of Columbia)

Nagel, Laura L (New York)

Olshansky, Barbara J. (New York)

Pyles, Phyllis J. (District of Columbia)

Resnick, Lauren J. (New York)

Richman, Labe M. (New York)

Rosenstock, E. Michael (New York)

Roth, Deborah L. (District of Columbia)

Ryan, James G. (New York)

Sandler, Hugh (New York)

Saville, John B. (New York)

Scarlato, Matthew (District of Columbia)

Shivers, Yvonne (New York)

Smart, Kyler (District of Columbia)

Sponseller, Richard W (Virginia)

Steger, Michael Douglas (New York)

Stern, Paul David (District of Columbia)

Sullivan, Thomas M. (District of Columbia)

Taffet, Allan N. (New York)

Teresky, Thomas Gerard (Illinois)

VanDorp, Armelle Nina (District of Columbia)

Wolin, Alan E. (New York)

Wood, John F. (District of Columbia)

Expert/Monitor/Master

Goldman, Robert (New York)

Documents in the Clearinghouse

Document

1:02-cv-02307

Docket [PACER]

Jan. 4, 2019

Jan. 4, 2019

Docket
1

1:02-cv-02307

Complaint

April 17, 2002

April 17, 2002

Complaint
162

1:02-cv-02307

Answer to Third Amended Complaint

Dec. 9, 2004

Dec. 9, 2004

Pleading / Motion / Brief
497

1:02-cv-02307

04-cv-01809

Order

2006 WL 1517743

May 30, 2006

May 30, 2006

Order/Opinion
507

1:02-cv-02307

Opinion

2006 WL 1662663

June 14, 2006

June 14, 2006

Order/Opinion
515

1:02-cv-02307

Motion to Dismiss

July 7, 2006

July 7, 2006

Pleading / Motion / Brief
536

1:02-cv-02307

Memorandum and Order

2006 WL 2224492

Aug. 2, 2006

Aug. 2, 2006

Order/Opinion
544

1:02-cv-02307

Order

2006 WL 2403432

Aug. 18, 2006

Aug. 18, 2006

Order/Opinion
560

1:02-cv-02307

04-cv-01809

Order

2006 WL 4483151

Oct. 3, 2006

Oct. 3, 2006

Order/Opinion
726

1:02-cv-02307

Fourth Amended Class Action Complaint

Sept. 13, 2010

Sept. 13, 2010

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4325697/turkmen-v-ashcroft/

Last updated Aug. 5, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons issued as to defendant(s) John Ashcroft, Dennis Hasty, John Does 1-10, Robert Mueller, James W. Ziglar. Filing fee $150.00. Receipt number: 260540.. Filed by Barbara J. Olshansky on behalf of Syed Amjad Ali Jaffri, Asif-Ur-Rehman Saffi, Ibrahim Turkmen. (Attachments: # (1) Civil Cover Sheet)(Bowens, Priscilla)

1

View on PACER

2 Civil Cover Sheet

View on PACER

April 17, 2002

April 17, 2002

Clearinghouse
2

SUMMONS Returned Executed by Ibrahim Turkmen. John Ashcroft served on 4/17/2002, answer due 5/7/2002 filed by Barbara J. Olshansky on behalf of Ibrahim Turkmen. (DiLorenzo, Krista)

April 23, 2002

April 23, 2002

PACER
3

SUMMONS Returned Executed by Ibrahim Turkmen. John Ashcroft served on 4/22/2002, answer due 5/13/2002; Dennis Hasty served on 4/22/2002, answer due 5/13/2002; Robert Mueller served on 4/22/2002, answer due 5/13/2002; James W. Ziglar served on 4/22/2002, answer due 5/13/2002 filed by Barbara J. Olshansky on behalf of Ibrahim Turkmen. (DiLorenzo, Krista)

April 23, 2002

April 23, 2002

PACER
5

Letter dtd 6/13/02 from Timothy P. Garren on behalf of dfts to Judge Gleeson requesting a pre-motion conf. (Latka-Mucha, Wieslawa)

June 14, 2002

June 14, 2002

PACER
4

Endorsed order signed by Judge Gleeson on 6/18/02 granting pltf's request tp extend time to submit a response to Timothy Garren's letter dated 6/13/02. A pre-motion conf. will be held on 7/9/02 at 4:30. C/M. (DiLorenzo, Krista)

June 19, 2002

June 19, 2002

RECAP
6

Letter dated 6/18/02 by Nancy Chang requesting a extension of time to submit a response to Garren's letter dated 6/13/02. (DiLorenzo, Krista)

June 25, 2002

June 25, 2002

PACER
7

Letter dtd 6/25/02 from pltfs' counsel William Goodman to Judge Gleeson submitting their objections to the substance of Timothy Garren's letter to the Court of 6/13/02, and advising the Court of their intention to file and amended complaint. (Latka-Mucha, Wieslawa)

July 3, 2002

July 3, 2002

PACER
8

Amended complaint. Filed by Barbara J. Olshansky on behalf of Akil Sachveda, Shakir Baloch, Hany Ibrahim, Yasser Ebraheim, Syed Amjad Ali Jaffri, Asif-Ur-Rehman Saffi, Ibrahim Turkmen. (Related document(s)[1]) (DiLorenzo, Krista)

July 27, 2002

July 27, 2002

PACER
9

Letter from Timothy Garren to Judge Gleeson requesting leave to exceed the 25 page limit and an extension of time to serve the dfs' motion to dismiss to 8/9/02. (DiLorenzo, Krista)

Aug. 5, 2002

Aug. 5, 2002

PACER
10

Endorsed Order signed by Judge Gleeson on 7/30/02 granting dfts' request leave to exceed the 25 page limit and an extension of time to serve the dfs' motion to dismiss to 8/26/02. See letter dtd 7/29/02 from Timothy Garren to Judge Gleeson. Copies faxed by Chambers on 8/1/02. (Latka-Mucha, Wieslawa)

Aug. 14, 2002

Aug. 14, 2002

RECAP
11

Endorsed Order signed by Judge Gleeson granting pltfs' application. Reply papers, if any: 10/22/02. Reply brief shall not exceed 25 pages. Oral argument: 11/15/02 @ 10:00 am. See letter dtd 7/29/02 from pltfs' counsel Nancy Chang to Judge Gleeson. Copies faxed by Chambers on 8/1/02. (Latka-Mucha, Wieslawa)

Aug. 14, 2002

Aug. 14, 2002

PACER
12

Order; endorsed on letter dated 9/18/2 from Nancy Chang, Esq. to Judge Gleeson granting application for an extension of the deadline for pltff's brief in opposition to the motion to dismiss. Reply papers due 11/15/02; Oral argument set for 12/13/02 @ 10:00 a.m. So Ordered. Signed Judge John Gleeson. c/m-ch (Lee, Tiffeny) Modified on 9/24/2002 (Lee, Tiffeny).

Sept. 24, 2002

Sept. 24, 2002

PACER
13

Endorsed order signed by Judge Gleeson on 10/23/02 granting pltfs' request to extend time to file pltfs' brief on 10/29/02 and dfts' brief due on 11/19/02. C/M by Chambers. (DiLorenzo, Krista)

Oct. 25, 2002

Oct. 25, 2002

RECAP
14

Letter dated 10/30/02 from Nancy Chang to Timothy Garren, enclosing a copy of pltfs' papers in opposition to dfts' motion to dismiss. W/O enclosures. (DiLorenzo, Krista)

Nov. 1, 2002

Nov. 1, 2002

PACER
15

ENDORSED ORDER signed by Judge John Gleeson, undated granting dfts' request to extend time to file the reply memorandum to 11/26/02. Argument set for 12/19/02 at 2:30. Copies faxed by Chambers on 11/8/02.(DiLorenzo, Krista)

Nov. 12, 2002

Nov. 12, 2002

PACER
16

Minute Entry for proceedings held before John Gleeson: Conference for motion of dismissal held on 12/19/2002. Counsel for all sides present. Decision reserved. (Noh, Kenneth)

Dec. 19, 2002

Dec. 19, 2002

PACER
17

ORDER signed by Judge John Gleeson on 2/14/03 directing pltfs. to submit a letter simply informing the Court whether they are pursuing the claim. C/M by Chambers.(DiLorenzo, Krista)

Feb. 19, 2003

Feb. 19, 2003

RECAP
18

Letter dated 3/27/03 from Nancy Chang to Judge Gleeson, in response to dfts' letter dated 3/27/03. (DiLorenzo, Krista)

April 2, 2003

April 2, 2003

PACER
19

Letter dated 5/5/03 from Timothy Garren to Judge Gleeson, advising the court of a recent opinion of the United States Supreme Court. (DiLorenzo, Krista)

May 13, 2003

May 13, 2003

PACER
20

ORDER signed by Judge John Gleeson on 6/3/03 permitting pltfs. to submit a letter discussing how a report of the Dept. of Justice's Office of the Inspector General relates to this case no later than 6/5/03. If the government wishes to discuss the assertion further in response to pltfs' submission, it may do so in a letter, provided that the letter does not exceed four pages and is submitted no later than 6/9/03. Copies faxed by Chambers. (DiLorenzo, Krista)

June 9, 2003

June 9, 2003

PACER
21

Letter dated 6/2/03 from Robert D. McCallum, Jr. to Judge Gleeson notfying the court of a report issued by the Dept. of Justice's Office of the Inspector General. (DiLorenzo, Krista)

June 10, 2003

June 10, 2003

PACER
23

MOTION for Leave to Appear pro hac vice for Jo C. Bennett, Esq. by John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar. (DiLorenzo, Krista)

June 11, 2003

June 11, 2003

PACER
24

ORDER granting [23] Motion for Leave to Appear pro hac vice for Jo C. Bennett, Esq. Signed by JudgeJohn Gleeson on 6/12/03. Receipt # 278845. C/M. (DiLorenzo, Krista)

June 11, 2003

June 11, 2003

PACER
25

MOTION for Leave to Appear pro hac vice for William Alden McDaniel, Jr. by John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar. (DiLorenzo, Krista)

June 11, 2003

June 11, 2003

PACER
26

ORDER granting [25] Motion for Leave to Appear pro hac vice for William Alden McDaniel, Jr. Signed by JudgeJohn Gleeson on 6/12/03. C/M. (DiLorenzo, Krista)

June 11, 2003

June 11, 2003

PACER
22

ORDER signed by Judge John Gleeson on 6/12/03: Pltfs. shall avoid unnecessary new allegations; second amended complaint shall be served and filed on 6/18/03; dfts' supplemental memorandum or memoranda in support of their pending motion to dismiss due on 7/2/03; pltfs' opposition due on 7/9/03; dfts' reply due on 7/16/03. Copies faxed by Chambers on 6/12/03.(DiLorenzo, Krista)

June 13, 2003

June 13, 2003

PACER
28

AMENDED COMPLAINT (Second) against John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar, filed by Shakir Baloch, Yasser Ebrahim, Hany Ibrahim, Syed Amjad Ali Jaffri, Akil Sachveda, Asif-Ur-Rehman Saffi, Ibrahim Turkmen.(DiLorenzo, Krista)

June 18, 2003

June 18, 2003

PACER
27

ORDER signed by Judge John Gleeson on 6/17/03 confirming that pltfs' understanding with regard to their application to conduct limited discovery is correct, and grant their application to include in the second amended complaint those claims referred to in their 6/13/03 letter as well as the court's order 6/12/03. C/M by Chambers. (DiLorenzo, Krista)

June 19, 2003

June 19, 2003

PACER
29

Letter dated 6/16/03 from AUSA Molina to Judge Gleeson, in response to pltf's letter dated 6/13/03. (DiLorenzo, Krista)

June 23, 2003

June 23, 2003

PACER
30

CERTIFICATE OF SERVICE re: admission to practice pro hac vice by Jo C. Bennett. (DiLorenzo, Krista)

June 23, 2003

June 23, 2003

PACER
31

Letter dated 6/13/03 from Nancy Chang to Judge Gleeson, clarifying several matters relating to the court's order of 6/12/03. (DiLorenzo, Krista)

June 26, 2003

June 26, 2003

PACER
33

MOTION for Leave to Appear pro hac vice for Michael L. Martinez, Esq. by Dennis Hasty. (DiLorenzo, Krista)

June 30, 2003

June 30, 2003

PACER
34

MOTION for Leave to Appear pro hac vice for Shari Ross Lahlou, Esq. by Dennis Hasty. (DiLorenzo, Krista)

June 30, 2003

June 30, 2003

PACER
45

Stipulation of Withdrawal and Substitution of Defense Counsel and Joint Entry of Appearances. Justice Dept. attorneys Douglas Letter and Timothy Garren will withdraw from further representation of the dfts. in this action and new counsel will be substituted. (DiLorenzo, Krista)

July 1, 2003

July 1, 2003

PACER
32

Supplemental MOTION to Dismiss The Second Amended Complaint by James W. Ziglar. (Bennett, Jo)

July 2, 2003

July 2, 2003

RECAP
41

Dft Michael Zenk's Supplemental memo of law Support MOTION to Dismiss the complaint. (DiLorenzo, Krista)

July 2, 2003

July 2, 2003

PACER
42

Supplemental Memo of Law in support of dft. Hasty's motion to dismiss. (DiLorenzo, Krista)

July 2, 2003

July 2, 2003

PACER
54

Supplemental memo in support of dismissing the claims against Attorney General John Ashcroft in his individual capacity. (DiLorenzo, Krista)

July 2, 2003

July 2, 2003

PACER
55

Supplemental Memo of law in support of motion to dismiss on behalf of the named dfts. int heir official capacities. (DiLorenzo, Krista)

July 2, 2003

July 2, 2003

PACER
35

ORDER granting [33] Motion for Leave to Appear pro hac vice for Michael L. Martinez, Esq. Signed by JudgeJohn Gleeson on 7/2/03. C/M by Chambers. (DiLorenzo, Krista)

July 3, 2003

July 3, 2003

PACER
36

ORDER granting [34] Motion for Leave to Appear pro hac vice for Shari Ross Lahlou, Esq. Signed by JudgeJohn Gleeson on 7/2/03. C/M by Chambers. (DiLorenzo, Krista)

July 3, 2003

July 3, 2003

PACER
37

ENDORSED ORDER signed by Judge John Gleeson on 7/1/03 denying (without prejudice to renewal after dft's supplemental briefs are filed) pltfs' request for an extension of time to respond to the briefs to be submitted by dfts. Copies faxed by Chambers on 7/2/03. (DiLorenzo, Krista)

July 3, 2003

July 3, 2003

PACER
38

ENDORSED ORDER signed by Judge John Gleeson on 7/1/03 denying dft's request for an expansion of the 25 page limit. Copies faxed by Chambers on 7/2/03. (DiLorenzo, Krista)

July 3, 2003

July 3, 2003

PACER
43

Mueller's supplemental memo of law in support of motion to dismiss. (DiLorenzo, Krista)

July 3, 2003

July 3, 2003

PACER
39

Letter dated 7/2/03 from Barbara Olshansky to Judge Gleeson, renewing their request for an extension of time to respond to dfts' briefs. (DiLorenzo, Krista)

July 7, 2003

July 7, 2003

PACER
40

ORDER signed by Judge John Gleeson on 7/3/03 granting pltfs' request for an extension of time to respond to dfts' briefs. Pltfs' brief in opposition due on 7/16/03; dfts' reply due on 7/23/03. Copies faxed by Chambers on 7/3/03.(DiLorenzo, Krista)

July 7, 2003

July 7, 2003

PACER
44

Letter dated 7/10/03 from Shari Ross Lahlou to Clerk of Court. enclosing a check in the amount of $50.00 for pro hac vice admission fees. Receipt # 280269. (DiLorenzo, Krista)

July 11, 2003

July 11, 2003

PACER
46

Pltf's Supplemental memo of law in Opposition to [32] Supplemental MOTION to Dismiss The Second Amended Complaint.(DiLorenzo, Krista)

July 15, 2003

July 15, 2003

PACER
47

ENDORSED ORDER signed by Judge John Gleeson on 7/14/03 granting pltfs' request for an enlargement of the Court's 25 page limit to 45 pages. C/M. (DiLorenzo, Krista)

July 21, 2003

July 21, 2003

PACER
48

ENDORSED ORDER signed by Judge John Gleeson on 7/21/03 denying dfts' request for an extension of time to file their reply to the pltfs' supplemental memo of law in opposition to dfts' motion to dismiss. C/M. (DiLorenzo, Krista)

July 23, 2003

July 23, 2003

PACER
49

RESPONSE in Support re [32] Supplemental MOTION to Dismiss The Second Amended Complaint REPLY SUPPLEMENTAL MEMORANDUM OF DEFENDANT JAMES ZIGLAR IN SUPPORT OF THE MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by James W. Ziglar. (Bennett, Jo)

July 23, 2003

July 23, 2003

PACER
50

Dft. Michael Zenk's reply supplemental memo of law in support of his motion to dismiss the complaint. (DiLorenzo, Krista)

July 23, 2003

July 23, 2003

PACER
51

Dft. Dennis Hasty's reply to pltfs' opposition to dfts' motion to dismiss second amended complaint. (DiLorenzo, Krista)

July 23, 2003

July 23, 2003

PACER
52

Reply by Attorney General John Ashcroft to ptlfs' supplemental memo. (DiLorenzo, Krista)

July 24, 2003

July 24, 2003

PACER
53

Reply to pltfs' supplemental memo of law in opposition to dfts' motion to dismiss the second amended complaint on behalf of the dfts. in their capacities. (DiLorenzo, Krista)

July 24, 2003

July 24, 2003

PACER
56

Dft. Robert Mueller's reply to pltfs' opposition to his supplemental memo in support of motion to dismiss the second amended complaint. (DiLorenzo, Krista)

Aug. 7, 2003

Aug. 7, 2003

PACER
57

Letter dated 7/23/03 from William McDaniel to Judge Gleeson, enclosing the reply supplemental memo of dft. James Ziglar in support of the motion to dismiss the second amended complaint. (DiLorenzo, Krista)

Aug. 8, 2003

Aug. 8, 2003

PACER
58

ORDER signed by Magistrate Judge Cheryl L. Pollak on 8/26/03: pltfs. may serve doc. requests and/or interrogatories for the limited purpose of ascertaining the identities of the unnamed dfts; and pltf's request for a doc. preservation order is denied. (DiLorenzo, Krista)

Aug. 27, 2003

Aug. 27, 2003

RECAP
61

Unopposed motion for privacy protective order and memo of points and authorities by dfts.(DiLorenzo, Krista)

Oct. 16, 2003

Oct. 16, 2003

PACER
59

ORDER signed by Judge John Gleeson on 10/16/03: Having considered dft's objections to Magistrate Judge Pollak's order dated 8/26/03, the court upholds the order in its entirety. C/M.(DiLorenzo, Krista)

Oct. 17, 2003

Oct. 17, 2003

PACER
60

PROTECTIVE ORDER signed by Magistrate Judge Cheryl L. Pollak on 10/15/03.(DiLorenzo, Krista)

Oct. 21, 2003

Oct. 21, 2003

PACER

Email Test. (Vaughn, Terry)

Dec. 10, 2003

Dec. 10, 2003

PACER
62

Letter dated 12/18/03 from Ernesto Molina, Jr. to Judge Gleeson, notifying the court of the report issued by the Dept. of Justice's Office of the Inspector General. (DiLorenzo, Krista)

Dec. 29, 2003

Dec. 29, 2003

PACER
63

Letter dated 1/9/04 from Larry Gregg to Judge Gleeson, in response to pltfs' letter dated 12/1/03. (DiLorenzo, Krista)

Jan. 9, 2004

Jan. 9, 2004

PACER
64

Letter dated 1/22/04 from Ernesto Molina to Judge Gleeson, in response to two letters dated 1/21/03 and 12/19/03. (DiLorenzo, Krista)

Jan. 30, 2004

Jan. 30, 2004

PACER
65

Minute Entry for proceedings held before Magistrate Judge Pollak: Telephone Conference held on 5/14/2004. Parties are informed of NBC request to lift protective order. NBC considering whether to file a motion; if motion is filed parties to submit responses within 2 weeks thereafter. Discovery issues to be addressed in a letter to the court. (DiLorenzo, Krista)

May 14, 2004

May 14, 2004

PACER
66

ENDORSED ORDER signed by Magistrate Judge Cheryl L. Pollak on 5/24/04 granting AUSA's request to extend time to file a response to pltf's letter until 6/1/04. Copies faxed by Chambers on 5/24/04. (DiLorenzo, Krista)

May 25, 2004

May 25, 2004

RECAP
67

ENDORSED ORDER signed by Magistrate Judge Cheryl L. Pollak on 6/3/04 granting pltfs' request to reply to AUSA's 6/2/04 letter.(DiLorenzo, Krista)

June 7, 2004

June 7, 2004

PACER
68

Letter dated 6/3/04 from Nancy Chang to Magistrate Judge Pollak, requesting permission to reply to AUSA's letter dated 6/2/04. (DiLorenzo, Krista)

June 7, 2004

June 7, 2004

PACER
69

ORDER signed by Magistrate Judge Cheryl L. Pollak on 6/8/04 directing dfts. to produce documents to the court for in camera review. (DiLorenzo, Krista)

June 15, 2004

June 15, 2004

PACER
70

ORDER Endorsed on letter dated 6/30/04 from Nancy Chang, Esq. to USMJ Pollak: Telephone Conference set for 7/1/04 at 12:00. Signed by Judge Cheryl L. Pollak on 6/30/04. (Williams-Jackson, Sandy)

July 1, 2004

July 1, 2004

PACER
76

Minute Entry for proceedings held before Magistrate Judge Pollak: Telephone Conference held on 7/1/2004. Protective order modified. (DiLorenzo, Krista)

July 1, 2004

July 1, 2004

PACER
71

ORDER signed by Magistrate Judge Cheryl L. Pollak on 7/1/04 that paragraph 8 of the 10/15/03 protective order is amended. See order for further details and conditions. (DiLorenzo, Krista)

July 7, 2004

July 7, 2004

PACER
72

Letter dated 7/13/04 from Michael Winger to Ernesto Molina, advising that pltfs' counsel disclosed one item of information contained in a document. (DiLorenzo, Krista)

July 15, 2004

July 15, 2004

PACER
73

Letter dated 7/22/04 from Nancy Chang to Magistrate Judge Pollak, requesting status of motion to compel. (DiLorenzo, Krista)

July 27, 2004

July 27, 2004

PACER
74

ORDER, Signed by Judge Cheryl L. Pollak on 7/29/04. (Black, Amanda)

July 29, 2004

July 29, 2004

PACER
75

Letter dated 7/1/04 from Michael Winger to Magistrate Judge Pollak, enclosing a proposed order modifying the existing protective order. (DiLorenzo, Krista)

July 29, 2004

July 29, 2004

PACER
77

Letter dated 6/30/04 from Nancy Chang to Magistrate Judge Pollak, requesting that the court modify paragraph 8 of the 10/15/03 protective order. (DiLorenzo, Krista)

July 29, 2004

July 29, 2004

PACER
78

CORECTED ORDER. Signed by Magistrate Judge Cheryl L. Pollak on 08/02/04. (Caggiano, Diana)

Aug. 2, 2004

Aug. 2, 2004

PACER
79

Letter dated 5/19/04 from Nancy Chang to Mag. Pollak, advising the court of several discovery disputes. (Piper, Francine)

Aug. 5, 2004

Aug. 5, 2004

PACER
80

Letter dated 7/31/03 from Nancy Chang to Mag. Pollak, requesting the court's permission to conduct limited discovery. (Piper, Francine)

Aug. 5, 2004

Aug. 5, 2004

PACER
81

Letter dated 6/2/04 from Ernesto Molina to Mag. Pollak, advising that the court should deny the motion for orders to compel. (Piper, Francine)

Aug. 5, 2004

Aug. 5, 2004

PACER
82

Letter dated 6/7/04 from Nancy Chang to Mag. Pollak, pltff's request that the court expedite the resolution of the motion. (Piper, Francine)

Aug. 5, 2004

Aug. 5, 2004

PACER
83

MOTION for Order to Show Cause permittng the movants to intervene for the purpose of seeking access to the documents produced by the defendants pursuant to Magistrate Judge Pollak's order of 8-2-04 by Omer Gavriel Marmari, Yaron Shmuel, Paul Kurzberg, Silvan Kurzberg. (Attachments: # (1) Declaration in support of Order to Show Cause with Exhibits# (2) Memorandum of law in support of Order to Show Cause)(Tolchin, Robert)

2 Declaration in support of Order to Show Cause with Exhibits

View on PACER

3 Memorandum of law in support of Order to Show Cause

View on PACER

Aug. 11, 2004

Aug. 11, 2004

PACER
84

Minute Entry for Telephone Conference proceeding held before Magistrate Judge Cheryl L. Pollak on 8/13/2004. Government to notify court by August 17, 2004 as to the position with respect to the intervenors application. (Caggiano, Diana)

Aug. 13, 2004

Aug. 13, 2004

RECAP
85

Letter dtd 8/4/04 to Magistrate Judge Cheryl L. Pollak from Larry Lee Gregg, submitted on behalf of A.G. John Ashcroft, in opposition to plaintiffs' request to initiate discovery, etc.(Schillat, Louise)

Aug. 18, 2004

Aug. 18, 2004

PACER
86

Letter dtd 8/4/04 to Magistrate Judge Cheryl L. Pollak from Ernesto H. Molina, Jr., responding to Plaintiff's letter dtd 7/31/04, seeking leave to conduct discovery and requesting an order to protect against the destruction of evidence. Defendant's oppose both requests.(Schillat, Louise)

Aug. 18, 2004

Aug. 18, 2004

PACER
87

Letter dtd 8/5/04 to Magistrate Judge Cheryl L. Pollak from AUSA Mark E. Nagle, opposing plaintiff's request for discovery prior to the resolution of the pending motions. (Schillat, Louise)

Aug. 18, 2004

Aug. 18, 2004

PACER
88

Letter dated 8/17/04 from Ernesto Molina, Jr. to Mag. Pollak, in response to the order to show cause (hereinafter, "Motion to Intervene") filed on 8/12/04 by four individuals seeking to intervene. (Piper, Francine)

Aug. 19, 2004

Aug. 19, 2004

PACER
89

Letter dated 8/13/04 from Nancy Chang to Mag. Pollak, requesting two brief modifications to the existing protective order. (Piper, Francine)

Aug. 26, 2004

Aug. 26, 2004

PACER
90

Letter dated 8/17/04 from Ernesto Molina, Jr. to Mag. Pollak, in response to the order to show cause filed on 8/12/04 by four individuals seeking to intervene. (Piper, Francine)

Aug. 27, 2004

Aug. 27, 2004

PACER
91

ORDER. It is hereby ORDERED that Paragraph 4 of the Protective Order issued on October 13, 2003, and amended on July 1, 2004, is amended as follows: It is further ORDERED that Paragraph 8 of the Protective Order issued on October 15, 2003, and amended on July 1, 2004, is amended as follows: Signed by Judge Cheryl L. Pollak on 08/26/04. (Pollak, Cheryl)

Aug. 30, 2004

Aug. 30, 2004

PACER
92

Letter from Robert J. Tolchin, Esq. to Magistrate Judge Pollak Regarding Conveying proposed order, stipulated as to form by the government, allowing interevenors to intervene and have access to discovery materials produced to plaintiffs. (Tolchin, Robert)

Aug. 31, 2004

Aug. 31, 2004

PACER
93

ORDER directing plaintiffs' counsel to prepare an accurate list of counsel in the case for the roster of counsel. Signed by Judge John Gleeson on September 1, 2004. (Gleeson, John)

Sept. 1, 2004

Sept. 1, 2004

PACER
94

ORDER, Intervenor's Order to Show Cause is granted. Intervenor's counsel, Robert J. Tolchin, is permitted to have access, to and to make a copy of the discovery materials produced to the pltffs. (Signed by Judge Cheryl L. Pollak on 8/31/04) (Piper, Francine)

Sept. 3, 2004

Sept. 3, 2004

PACER
95

Letter dated 8/24/04 from Ernesto Molina to Mag. Pollak, advising that parties have discussed the matter and have reached an agreement. (Piper, Francine)

Sept. 3, 2004

Sept. 3, 2004

PACER
96

MOTION to Amend/Correct [28] Amended Complaint, by all plaintiffs. (Chang, Nancy)

Sept. 7, 2004

Sept. 7, 2004

PACER
97

MOTION to Amend/Correct [96] MOTION to Amend/Correct [28] Amended Complaint, Memo and Proposed Order, by all plaintiffs. (Chang, Nancy)

Sept. 7, 2004

Sept. 7, 2004

PACER
98

ENDORSED ORDER REFERRING MOTION: [96] MOTION to Amend/Correct [28] Amended Complaint to Mag. Pollak, filed by Shakir Baloch, Ibrahim Turkmen, Asif-Ur-Rehman Saffi, Syed Amjad Ali Jaffri, Yasser Ebrahim, Hany Ibrahim, Akil Sachveda. (Signed by Judge John Gleeson on 8/31/04) (Piper, Francine)

Sept. 9, 2004

Sept. 9, 2004

PACER
99

Letter from Nancy Chang to Judge John Gleeson Regarding Roster of counsel attached. (Chang, Nancy)

Sept. 9, 2004

Sept. 9, 2004

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2002

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-citizen Middle Eastern and South Asian men who were arrested by the INS or FBI after 9/11 and charged with immigration violations, and detained for months without bond as the FBI investigated potential terrorist connections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

Federal Bureau of Investigation (FBI), Federal

United States Attorney General, Federal

Metropolitan Detention Center (MDC), Federal

Defendant Type(s):

Corrections

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

42 U.S.C. § 1985

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Over/Unlawful Detention

Placement in detention facilities

Recreation / Exercise

Religious programs / policies

Solitary confinement/Supermax (conditions or process)

Strip search policy

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Detention - conditions

Detention - criteria

Detention - procedures

Status/Classification

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern