Padilla Civil Appeal Filed

Jose Padilla and his mother have appealed the dismissal of their civil case against a raft of current and former Defense Department officials. The case, which made a variety of constitutional claims in connection with Padilla's detention and interrogation as a enemy combatant, was dismissed three days after oral argument in federal district court in South Carolina back in February. On appeal, appellants propose three questions for review:

(1) Whether “special factors” preclude a Bivens remedy for the unconstitutional seizure, detention, abuse, and torture of a U.S. citizen on U.S. soil. (2) Whether U.S. officials have qualified immunity against claims that they unconstitutionally and unlawfully seized, detained, abused, and tortured a U.S. citizen on U.S. soil. (3) Whether the district court erred in holding that Plaintiffs lack standing to contest Jose Padilla’s ongoing designation as an “enemy combatant.”

The appeal was filed in the Fourth Circuit Court of Appeals along with this amicus brief of retired military officers and this amicus brief by constitutional law and federal courts professors.