Ziglar v. Abbasi

137 S.Ct. 1843 (2017)

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Nature of the Case

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Facts

After 9-11 the FBI received more than 96,000 tips, all of which had to be investigated. While doing so, the FBI encountered many aliens who were present in this country without legal authorization. More than 700 individuals were arrested and detained on immigration charges. If the FBI designated an alien as “of interest” to the investigation, or if it had doubts about the proper designation in a particular case, the alien was detained subject to a “hold-until-cleared policy.” The aliens were held without bail. Ps were among some 84 aliens who were subject to the hold-until-cleared and detained at the Metropolitan Detention Center (MDC) in Brooklyn, New York. They were held in the Administrative Maximum Special Housing Unit (or Unit) of the MDC. Ps were held in tiny cells for over 23 hours a day. Lights in the cells were left on 24 hours. Ps had little opportunity for exercise or recreation. They were forbidden to keep anything in their cells, even basic hygiene products such as soap or a toothbrush. When removed from the cells for any reason, they were shackled and escorted by four guards. They were denied access to most forms of communication with the outside world. And they were strip-searched often-any time they were moved, as well as at random in their cells. Ps alleged that prison guards engaged in a pattern of “physical and verbal abuse. Guards allegedly slammed detainees into walls; twisted their arms, wrists, and fingers; broke their bones; referred to them as terrorists; threatened them with violence; subjected them to humiliating sexual comments; and insulted their religion. Ps are six men of Arab or South Asian descent. Five are Muslims. Each was illegally in this country, arrested during the course of the 9-11 investigation, and detained in the Administrative Maximum Special Housing Unit for periods ranging from three to eight months. After being released Ps were removed from the United States. Ps sued seeking compensatory and punitive damages, attorney’s fees, and costs. Ps sued two groups of federal officials in their official capacities. The first group consisted of former Attorney General John Ashcroft, former FBI Director Robert Mueller, and former Immigration and Naturalization Service Commissioner James Ziglar. The other petitioners named in the complaint were the MDC’s warden, Dennis Hasty, and associate warden, James Sherman. Invoking Bivens, Ps brought four claims under the Constitution itself. The District Court dismissed the claims against the Executive Officials but allowed the claims against the Wardens. The Court of Appeals affirmed as to the Wardens and reinstated the claims against the Executives. The Supreme Court granted certiorari.