United States Supreme Court

In a putative class action against two classes of federal officials brought by men of Arab or South Asian descent who, following the September 11 terrorist attacks, were detained for periods of three to six months in a federal facility in Brooklyn and later removed from the U.S., alleging violations of Bivens, the Fourth Amendment, the Fifth Amendment and 42 U.S.C. section1985(3), which forbids certain conspiracies to violate equal protection rights, the Second Circuit's judgment affirming in most respects the District Court's decision to allow claims to proceed against the Warden-defendants but reversal as to allow claims to proceed against the Executive Official-defendants is reversed in part and vacated and remanded in part, where: 1) the limited reach of the Bivens action informs the decision whether an implied damages remedy should be recognized here; 2) a Bivens-type remedy should not be extended to the claims challenging the confinement conditions imposed on respondents pursuant to the formal policy adopted by the Executive Officials in the wake of the September 11 attacks; 3) the Second Circuit erred in allowing the prisoner abuse claim against Warden Hasty to go forward without conducting the required special factors analysis; and 4) petitioners are entitled to qualified immunity with respect to respondents' claims under 42 U. S. C. section1985(3).

Appellate Information

• Published 2017/06/19

Judges

• KENNEDY

Court

• United States Supreme Court

Counsel