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Litigation

: How Appealing

"Plaintiff, a dual citizen of Syria and Canada, * * * alleges that he was mistreated by U.S. officials in the United States and removed to Syria with the knowledge or intention that Syrian authorities would interrogate him under torture"

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"Plaintiff, a dual citizen of Syria and Canada, * * * alleges that he was mistreated by U.S. officials in the United States and removed to Syria with the knowledge or intention that Syrian authorities would interrogate him under torture": So begins the syllabus to today's lengthy ruling of the U.S. Court of Appeals for the Second Circuit in Maher Arar v. John Ashcroft, et al.

By a vote of 2-1, today's ruling affirms a federal district court decision that dismissed the lawsuit. In dissent, Circuit Judge Robert D. Sack explains that he would allow Arar's Bivens-like claims for monetary damages to survive defendants' motions to dismiss.

In early news coverage, Joseph Goldstein of The New York Sun reports that "Court Rules Against Canadian's Torture Suit."

Full post as published by How Appealing on June 30, 2008 (boomark / email).

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