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Keywords

tortplaintiffdefendantjurisdictionliabilitystatutemotionleasedue processinternational lawliensmotion to dismiss
plaintiffdefendantliabilityleasedue process

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Rasul v. Myers

Facts

We have before us four British nationals who brought an action alleging that they were illegally detained and mistreated at the United States Naval Base at Guantanamo Bay, Cuba, from 2002 until their release in 2004. They named as defendants former Secretary of Defense Donald Rumsfeld and ten senior U.S. military officials. The complaint was in seven counts. Counts 1, 2, and 3 invoked federal jurisdiction under the Alien Tort Statute, 28 U.S.C. 1350, and alleged violations of international law. Count 4 alleged violations of unspecified provisions of the Geneva Convention. Counts 5 and 6 asserted Bivens claims for violations of the Fifth and Eighth Amendments to the Constitution. Count 7 alleged a violation of the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb et seq.

We have before us four British nationals who brought an action alleging that they were illegally detained and mistreated at the United States Naval Base at Guantanamo Bay, Cuba, from 2002 until their release in 2004.

Issue

Whether the Boumediene decision affects the application of constitutional rights to Guantanamo detainees and whether the defendants are entitled to qualified immunity.

Whether the Boumediene decision affects the application of constitutional rights to Guantanamo detainees and whether the defendants are entitled to qualified immunity.

Rule

The doctrine of qualified immunity shields government officials from civil liability to the extent their alleged misconduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

The doctrine of qualified immunity shields government officials from civil liability to the extent their alleged misconduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Analysis

The court applied the rule of qualified immunity, determining that the asserted rights under the Due Process Clause and the Cruel and Unusual Punishment Clause were not clearly established at the time of the plaintiffs' detention. The court noted that prior to Boumediene, no reasonable government official would have been on notice that the plaintiffs had any Fifth Amendment or Eighth Amendment rights, as the Supreme Court had never held that aliens captured on foreign soil had constitutional rights.

The court applied the rule of qualified immunity, determining that the asserted rights under the Due Process Clause and the Cruel and Unusual Punishment Clause were not clearly established at the time of the plaintiffs' detention.

Conclusion

The judgment was reinstated, but on a more limited basis. The district court's dismissal of counts 1, 2, 3, 4, 5, and 6 was affirmed, and the district court's denial of the officials' motion to dismiss count 7 was reversed.

The judgment was reinstated, but on a more limited basis.

Who won?

The defendants prevailed in the case as the court affirmed the dismissal of most counts and ruled that the officials were entitled to qualified immunity.

The defendants prevailed in the case as the court affirmed the dismissal of most counts and ruled that the officials were entitled to qualified immunity.

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