Legal Opinion · Concurring in part, dissenting in part

Arar v. Ashcroft

Court of Appeals for the Second Circuit

Decided August 1, 2008No. Docket 06-4216-cvPublished

1Concurring in part, dissenting in partSack, Circuit Judge

I. OVERVIEW

Last year, in Iqbal v. Hasty, 490 F.3d 143 (2d Cir.2007) (Newman, J.), cert. granted sub nom. Ashcroft v. Iqbal, — U.S. -, 128 S.Ct. 2931, — L.Ed.2d -, 76 U.S.L.W. 3417 (U.S. June 16, 2008) (No. 07-1015), “[w]e ... recognize[d] the gravity of the situation that confronted investigative officials of the United States as a consequence of the 9/11 attacks. We also reeognize[d] that some forms of governmental action are permitted in emergency situations that would exceed constitutional limits in normal times.” Id. at 159 (citation omitted). But, we pointed out,

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2Cases cited79 opinions

Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
Bell v. WolfishSupreme Court of the United States · 1979
Mitchell v. ForsythSupreme Court of the United States · 1985
Zadvydas v. DavisSupreme Court of the United States · 2001

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