Padilla v. Rumsfeld
What's at Stake
Jose Padilla was seized from a U.S. jail in 2002, declared an "enemy combatant" and secretly transported to a military brig in South Carolina. He was imprisoned for nearly four years, the first two of which he was prevented from communicating with his lawyers or family, and subjected to extreme abuse
Summary
In February 2007, Jose Padilla filed a civil suit against former Secretary of Defense Donald Rumsfeld and others for their role in Padilla’s unlawful detention and abuse. In August 2008, the government filed a motion to dismiss the case, and in 2011, the ACLU joined the case as co-counsel for Padilla alongside Hope Metcalf, Tahlia Townsend, and Jonathan Freiman of the Allard K. Lowenstein International Human Rights Clinic of Yale Law School.
In February 2011, the U.S. District Court for the District of South Carolina dismissed Padilla's lawsuit. In January 2012, the U.S. Court of Appeals for the Fourth Circuit upheld the dismissal. In April 2012, the ACLU asked the U.S. Supreme Court to reinstate the lawsuit, and in June the court declined to do so.
You can view the court filings here.
Legal Documents
-
12/11/2012
José Padilla and Estela Lebron Petition Against U.S. with the Inter-American Commission on Human Rights
Date Filed: 12/11/2012
-
08/09/2011
Padilla v. Rumsfeld - Reply Brief of Plaintiffs-Appellants
Date Filed: 08/09/2011
-
07/18/2011
Padilla v. Rumsfeld - Amicus Brief of United States
Date Filed: 07/18/2011
-
07/18/2011
Padilla v. Rumsfeld - Amicus Brief of Former Attorneys General
Date Filed: 07/18/2011
-
07/11/2011
Padilla v. Rumsfeld - Appellees' Brief (Hanft, Haynes, Jacoby, Marr, and Wolfowitz)
Date Filed: 07/11/2011
-
07/11/2011
Padilla v. Rumsfeld - Appellee's Brief (Rumsfeld)
Date Filed: 07/11/2011
-
07/11/2011
Padilla v. Rumsfeld - Appellee's Brief (Secretary of Defense)
Date Filed: 07/11/2011
-
06/14/2011
Padilla v. Rumsfeld - Amicus Brief of Law Professors
Date Filed: 06/14/2011
-
06/14/2011
Padilla v. Rumsfeld - Amicus Brief of Retired Military Officers
Date Filed: 06/14/2011
-
06/07/2011
Padilla v. Rumsfeld - Brief of Plaintiffs-Appellants to the 4th Circuit Court of Appeals
Date Filed: 06/07/2011
-
05/21/2012
Padilla v. Rumsfeld - Cert. Reply
-
05/11/2012
Padilla v. Rumsfeld - Brief in Opposition (to the Petition for a Writ of Certiorari)
Date Filed: 05/11/2012
-
04/23/2012
Padilla v. Rumsfeld - Petition for Writ of Certiorari
Date Filed: 04/23/2012
-
02/17/2011
Padilla v. Rumsfeld - District Court Opinion
Date Filed: 02/17/2011
-
02/09/2011
Padilla v. Rumsfeld - Legal Documents
-
01/23/2012
Padilla v. Rumsfeld - 4th Circuit Court of Appeals Opinion
Date Filed: 01/23/2012
Press Releases
Mother of American Torture Victim José Padilla Brings Case Before International Human Rights Tribunal
Supreme Court Denies Request to Hear American Torture Victim’s Lawsuit
Mother of Jose Padilla Appeals Torture Lawsuit to U.S. Supreme Court
ACLU in Appeals Court to Hold Officials Accountable For Torture of Jose Padilla
ACLU Appeals Dismissal of Lawsuit Seeking to Hold Government Officials Accountable For Torture of Jose Padilla
In A Blow To The Rule Of Law, Court Dismisses Lawsuit To Hold Former Government Officials Accountable For Torture Of Jose Padilla
