Ashcroft V. Iqbal - Background

Background

Javad Iqbal, a Pakistani-American cable television installer from Hicksville, New York, was arrested in New York in November 2001, on charges of conspiracy to defraud the United States and fraud in relation to identification documents (violations of 18 U.S.C. §§ 371 and 1028) and placed in pretrial detention at the Metropolitan Detention Center in Brooklyn, New York. He alleged that FBI officials carried out a discriminatory policy by designating him as a person "of high interest" in the investigation of the September 11 attacks solely because of his race, religion, or national origin. Owing to this designation he was placed in the detention center's Administrative Maximum Special Housing Unit for over six months while awaiting the fraud trial. Iqbal claimed that on the day he was transferred to the special unit, prison guards, without provocation, "picked him up and threw him against the wall, kicked him in the stomach, punched him in the face, and dragged him across the room." He said that after being attacked a second time he sought medical attention but was denied care for two weeks. According to Iqbal’s complaint, prison staff in the special unit subjected him to unjustified strip and body cavity searches, verbally berated him as a "terrorist" and "Muslim killer," refused to give him adequate food, and intentionally turned on air conditioning during the winter and heating during the summer, He claimed that prison staff interfered with his attempts to pray and engage in religious study, and with his access to counsel. Mr. Iqbal pleaded guilty to using another man's Social Security card on April 22, 2002, served a prison term until his release on January 15, 2003, and was later deported to Pakistan.

After being released, Iqbal brought claims under implied causes of action established by Bivens v. Six Unknown Named Agents for violations of his First, Fourth, Fifth, Sixth, and Eighth Amendment rights as well as various statutory claims, including Federal Tort Claims Act claims against the United States seeking compensatory and punitive damages. Iqbal argued that Mueller and Ashcroft personally condoned the decision to detain him as well as Arab immigrants.

The Office of Inspector General of the Department of Justice had previously investigated and confirmed accounts of abuse of September 11 detainees like Mr. Iqbal.

The federal government argued that Iqbal's legal filings were not specific enough in linking the government officials with a policy of detaining Arab immigrants and Muslims.

The District Court found that the facts alleged in Iqbal's complaint were sufficient. The district court also found that the OIG Report suggested that petitioners were personally involved in “creating or implementing” the policies that led to respondent’s confinement in the ADMAX SHU.

The United States Court of Appeals for the Second Circuit affirmed the lower court and refused to dismiss the action, concluding that it was plausible enough to survive a Rule 12(b)(6) motion to dismiss.

The Supreme Court granted review, in part, to address “whether conclusory allegations that high-level government officials had knowledge of alleged wrongdoing by subordinate officials are sufficient to survive a motion to dismiss in an action brought under Bivens.”