Ziglar v. Abbasi
- Decided
- June 19, 2017
- Docket
- 15–1358; 15–1359; 15–1363.
- Status
- Published
- Jurisdiction
- Federal
Cited 2,879 timesNo negative treatment found in this library
What later courts said
- holding that “the new-context inquiry is easily satisfied” for the plaintiffs’ Fifth Amendment claim against the warden — Nathaniel Hicks v. Gerald Ferreyra (2023)
- concluding that, as regarded the plaintiffs' conditions-of-confinement claims, Congress's failure to provide a damages remedy was instructive given its "frequent and intense" interest in the response to the September 11 attacks — Mynor Tun-Cos v. B. Perrotte (2019)
- recognizing that some differences “will be so trivial that they will not suffice to create a new Bivens context” — (untitled) (2026)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice KENNEDY delivered the opinion of the Court, except as to Part IV-B.
After the September 11 terrorist attacks in this country, and in response to the deaths, destruction, and dangers they caused, the United States Government ordered hundreds of illegal aliens to be taken into custody and held. Pending a determination whether a particular detainee had connections to terrorism, the custody, under harsh conditions to be described, continued. In many instances custody lasted for days and weeks, then stretching into months. Later, some of the aliens who had been detained filed suit, leading to the cases now before the Court.
The complaint named as defendants three high executive officers in the Department of Justice and two of the wardens at the facility where the detainees had been held. Most of the claims, alleging various constitutional violations, sought damages [*1852] under the implied cause of action theory adopted by this Court in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Another claim in the complaint was based upon the statutory cause of action authorized and created by Congress under Rev. Stat. § 1980, 42 U.S.C. § 1985 (3). This statutory cause of action allows damages to persons injured by conspiracies to deprive them of the equal protection of the laws.
Statutes cited
Cite this
Ziglar v. Abbasi, 582 U.S. 120 (2017)Read the full opinion
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