Arar v. Ashcroft
Pending petition
Issue: (1) Whether federal officials accused of conspiring with foreign officials to subject an individual in U.S. custody to torture may be sued for damages, particularly when the federal officials also intentionally obstructed the victim’s access to the judicial remedy provided by Congress to prevent torture; (2) whether willful participation in joint action with government officials is insufficient to constitute action under “color of law”? of that jurisdiction, within the meaning of the Torture Victim Protection Act, 28 U.S.C. § 1350, when defendants are alleged to have conspired with Syrian officials to have petitioner tortured in Syria; and (3) whether petitioner’s Bivens claim for obstruction of access to court may be dismissed on the ground that he did not sufficiently identify the particular defendants who took part in blocking his access to court.
Briefs and Documents
Certiorari-stage documents
- Opinion below (2d Circuit)
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