Turkmen v. Ashcroft
Encyclopedia
Turkmen v. Ashcroft is an ongoing class action
civil law
suit filed by the Center for Constitutional Rights
(CCR) against the then-Attorney General
John Ashcroft
, FBI Director Robert Mueller
, former INS
Commissioner James Ziglar, and employees of the Metropolitan Detention Center
(MDC) in Brooklyn, New York, on the behalf of a number of Muslim, South Asian, and Arab non-citizens who, under the pretext of immigration violations, were held in detention for several months.
The lawsuit charges that the Immigration and Naturalization Service
unlawfully held the plaintiffs several months after the completion of immigrations cases brought against them to allow the FBI to investigate potential links to terrorism, an alleged violation of their First
, Fourth
, and Fifth Amendment
rights. The suit additionally alleges that the conditions of detainment of these prisoners, as well as the length of detainment, violated their rights, as prisoners were held in the Administrative Maximum Special Housing Unit
(ADMAX SHU); deprived contact with their attorneys, families, and friends; prevented from the practice of their religions; and treated inhumanely in various ways, including being verbally and physically abused.
In February 2008 the case was reviewed by the Second Circuit Court of Appeals
, where Supreme Court Justice Sonia Sotomayor
was one of the appeal court judges.
David D. Cole
, a professor at Georgetown University School of Law, is one of the attorneys on the case.
On November 3, 2009 The Center for Constitutional Rights announced that the six Metropolitan Detention Center plaintiffs had settled their claims against the United States for 1.26 million dollars.
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
suit filed by the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
(CCR) against the then-Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
, FBI Director Robert Mueller
Robert Mueller
Robert Swan Mueller III is the 6th and current Director of the United States Federal Bureau of Investigation .-Early life:...
, former INS
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
Commissioner James Ziglar, and employees of the Metropolitan Detention Center
Metropolitan Detention Center
"Metropolitan Detention Centers" are federal detention facilities operated by the Federal Bureau of Prisons and located throughout the United States...
(MDC) in Brooklyn, New York, on the behalf of a number of Muslim, South Asian, and Arab non-citizens who, under the pretext of immigration violations, were held in detention for several months.
The lawsuit charges that the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
unlawfully held the plaintiffs several months after the completion of immigrations cases brought against them to allow the FBI to investigate potential links to terrorism, an alleged violation of their First
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, Fourth
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, and Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
rights. The suit additionally alleges that the conditions of detainment of these prisoners, as well as the length of detainment, violated their rights, as prisoners were held in the Administrative Maximum Special Housing Unit
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
(ADMAX SHU); deprived contact with their attorneys, families, and friends; prevented from the practice of their religions; and treated inhumanely in various ways, including being verbally and physically abused.
In February 2008 the case was reviewed by the Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, where Supreme Court Justice Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
was one of the appeal court judges.
David D. Cole
David D. Cole
David D. Cole is an American law professor at the Georgetown University Law Center. He has published in various legal fields including civil rights, criminal justice, constitutional law and law and literature...
, a professor at Georgetown University School of Law, is one of the attorneys on the case.
On November 3, 2009 The Center for Constitutional Rights announced that the six Metropolitan Detention Center plaintiffs had settled their claims against the United States for 1.26 million dollars.
External links
- Turkmen v. Ashcroft at the Center for Constitutional Rights website