Legal Opinion

Arar v. Ashcroft

District Court, E.D. New York

Decided February 16, 2006No. CV-044249 DGT VVPPublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TRAGER, District Judge.

Plaintiff Maher Arar brings this action against defendants, U.S. officials, who allegedly held him virtually incommunicado for thirteen days at the U.S. border and then ordered his removal to Syria for the express purpose of detention and interrogation under torture by Syrian officials. He brings claims under the Torture Victim Prevention Act and the Fifth Amendment to the U.S. Constitution.

Defendants have filed motions to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The questions presented by these…

2Cases cited83 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971

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3Cited by17 opinions

  1. Arar v. AshcroftCourt of Appeals for the Second Circuit · 2009
  2. Arar v. AshcroftCourt of Appeals for the Second Circuit · 2008
  3. Harbury Ex Rel. Estate of Bamaca-Velasquez v. HaydenCourt of Appeals for the D.C. Circuit · 2008
  4. Sissoko v. RochaCourt of Appeals for the Ninth Circuit · 2007
  5. Wilson v. LibbyDistrict Court, District of Columbia · 2007

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