Monday, March 8, 2010

Claim Against Donald Rumsfeld Survives Motion to Dismiss (and Iqbal)

Last week Judge Wayne Andersen of the U.S. District Court for the Northern District of Illinois denied former Secretary of Defense Donald Rumsfeld's motion to dismiss a lawsuit that was filed against him by two contractors who allege they were detained and mistreated while in Iraq. The case is Vance v. Rumsfeld, 1:06-cv-06964 (N.D Ill.), and Judge Andersen's opinion can be found here (courtesy of the Legal Times' Blog, which has additional coverage here). The docket is available via Justia or Pacer.

As for last Term's Supreme Court's decision in Ashcroft v. Iqbal, Judge Andersen wrote:

"Iqbal undoubtedly requires vigilance on our part to ensure that claims which do not state a plausible claim for relief are not allowed to occupy the time of high-ranking government officials. It is not, however, a categorical bar on claims against these officials."

Relying on the Ninth Circuit's decision in Al-Kidd v. Ashcroft, 580 F.3d 949 (9th Cir. 2009), Judge Andersen concluded that "the allegations of Rumsfeld's personal involvement in unconstitutional activity are sufficiently detailed to raise the right to relief above the speculative level and would survive a motion to dismiss."

--A

http://lawprofessors.typepad.com/civpro/2010/03/claim-against-donald-rumsfeld-survives-motion-to-dismiss-and-iqbal.html

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