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CA9: Rehearing denied in Ashcroft prosecutorial immunity case

By John Wesley Hall, Jr.

The Ninth Circuit denied rehearing en banc yesterday to the denial of prosecutorial immunity case of Al-Kidd v. Ashcroft, 580 F.3d 949 (9th Cir. 2009) (posted here), where the plaintiff alleged he was falsely as a terrorist suspect under the guise of being a material witness, in violation of his Fourth Amendment rights. Al-Kidd v. Ashcroft, 2010 U.S. App. LEXIS 5604 (9th Cir. March 18, 2010) ("The facts alleged in al-Kidd’s complaint are chilling, and serve as a cautionary tale to law-abiding citizens of the United States who fear the excesses of a powerful national government, as did many members of the Founding Generation."). See ABAJ.com, L.A. Now.

Full post as published by Fourth Amendment on March 19, 2010 (boomark / email).