United States DC Circuit

In case brought by Guantanamo Bay detainees seeking damages for their alleged illegal detention and torture, dismissal of claims under the Constitution, the Alien Tort Statute, and the Geneva Conventions is affirmed. However, denial of motion to dismiss the Religious Freedom Restoration Act claim is reversed. Since the plaintiffs are aliens and were located outside sovereign U.S. territory at the time their alleged RFRA claim arose, they do not fall with the definition of "person" and, thus, are not protected by RFRA.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• Before:  HENDERSON and BROWN, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Eric L. Lewis, A. Katherine Toomey, Michael Ratner, and Shayana Kadidal were on the supplemental briefs for appellants/cross-appellees., Michael F. Hertz, Acting Assistant Attorney General, and Robert M. Loeb and Matthew M. Collette, Attorneys, were on the supplemental briefs for appellees/cross-appellants.