United States Second Circuit

In a putative class action brought by individuals who were caught-up in the post-9/11 investigation even though they were unquestionably never involved in terrorist activity, alleging discriminatory and punitive treatment suffered while confined at detention centers, the district court's decision on defendants' Rule 12(b)(6) motions are affirmed in part and reversed in part where: 1) plaintiffs have plausibly alleged a substantive due process claim against certain defendants, and defendants are not entitled to qualified immunity on this claim; 2) plaintiffs have plausibly alleged a substantive equal protection claim against certain defendants, and defendants are not entitled to qualified immunity on this claim; 3) the free exercise claim is dismissed as to all defendants; 4) plaintiffs have plausibly alleged their Fourth Amendment strip claim against certain defendants; 5) plaintiffs have plausibly alleged the Section 1985(3) conspiracy claim against certain defendants, and defendants are not entitled to qualified immunity on this claim; and 6) plaintiffs have not plausibly alleged any claims against defendant Zenk. Dismissal of claims brought by Passaic Plaintiffs is affirmed.

Appellate Information

• Decided 06/17/2015
• Published 06/17/2015

Judges

• POOLER, WESLEY

Court

• United States Second Circuit

Counsel