Justia Civil Rights Opinion Summaries

Plaintiffs, four Afghan and five Iraqi citizens captured and subsequently held in Afghanistan and Iraq, respectively, by the United States military sued defendants, seeking damages and declaratory relief as the result of their treatment while in U.S. custody. Each plaintiff asserted two Bivens claims, namely, defendants tortured him in violation of his due process right under the Fifth Amendment and defendants' conduct constituted cruel and unusual punishment in violation of the Eighth Amendment. Plaintiffs also brought claims under the ATS based on defendants' alleged infliction of "prolonged arbitrary detention," "torture," and "cruel, inhuman or degrading treatment." Plaintiffs appealed the dismissal of their constitutional claims and ATS claims. The court held that defendants were protected from plaintiffs' constitutional claims by qualified immunity. The court also held that, even if defendants were not shielded by qualified immunity and plaintiffs could claim the protections of the Fifth and Eighth Amendments, the court would decline to sanction a Bivens cause of action because special factors counseled against doing so. The court further held that plaintiffs' claim under the ATS alleged a violation of the law of nations, not of the ATS, and therefore, did not violate a statute of the United States within the meaning of 28 U.S.C. 2679(b)(2)(B). The court finally held that because plaintiffs have not alleged a cognizable cause of action, they have no basis upon which to seek declaratory relief. Accordingly, the court affirmed the district court's judgment of dismissal.

The petitioner joined the Air Force in 1979 and, after being denied promotion twice, was discharged from active duty in 1989. The Deputy for Air Force Review Boards eventually agreed to void a substandard officer effectiveness report in her record. After the petitioner's separation from active service, the Special Selection Board reconsidered the record and did not recommend promotion. After several requests, the Air Force reinstated the petitioner to active duty in 1995 and promoted her to major, with a date of rank of 1988. After again being denied promotion twice, she applied for direct promotion in 2002, arguing that one of her evaluations was prepared by an officer she had reported for misconduct and that the break in service deprived her of an opportunity to develop a record to support promotion. Relief was denied. The petitioner was involuntarily retired in 2003. The Court of Claims rejected her suit. The Federal Circuit affirmed, stating that the Corrections Board thoroughly reviewed the claims and that the decision was not arbitrary.