Turkmen v. Hasty
United States Court of Appeals for the Second Circuit
789 F.3d 218 (2015)
Relevant factsFree
Post-9/11 detainees with no ties to terrorism (plaintiffs) were held for months under a hold-until-cleared policy in extreme conditions -- 23-hour solitary confinement, routine strip searches, and ethnic/religious-based punishment -- and sued former warden Hasty and other officials (defendants) for damages under Bivens, which the district court dismissed on qualified-immunity grounds.
IssueFree
Whether foreign citizens may have a cause of action for damages against individual government officials based on unlawful detention in harsh conditions and mistreatment based on race, ethnicity, religion, or national origin.