Civil Procedure Keyed to Yeazell
Ashcroft v. Iqbal
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
JavaidIqbal (P) who is a Muslim and a Pakistani citizen was arrested by federal officials on charges of criminal activity, and detained after the terrorist attack on 9/11. He filed a case against them in a federal court on the ground that he was not allowed to exercise his constitutional rights during his confinement, because of his race, religion and country of origin. The complaint specifically named the former U.S. Attorney General John Ashcroft (D) and FBI Director Robert Mueller (D) as well as others. Ashcroft (D) and Mueller (D) moved court to throw out the case as facially insufficient, and also defended their actions on the ground of qualified immunity since they were holding office at the time of the incident. The motion was not granted by the district court, and they filed an interlocutory appeal in the Second Circuit Court of Appeals. This was affirmed, and the U.S. Supreme Court granted a writ for judicial review of the lower court’s decision.
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Topic Resources
9m 26s