ADMIN LAW FINAL BRIEF

ADMIN LAW FINAL BRIEF - BRIEF FOR RESPONDENT JAVAID IQBAL...

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BRIEF FOR RESPONDENT JAVAID IQBAL PRELIMINARY STATEMENT The issues that this case presents are not connected to qualified immunity. The petitioners argue that the respondent’s complaint should have been dismissed because it fails to sufficiently allege their involvement in the government’s policy of unlawful discrimination on the basis of race, religion, and national origin against post September 11 th detainees. Petitioners maintain that the rules of pleading were different for them because they are “high ranking” defendants who can invoke qualified immunity because they were acting to further national security interests. The language of the Federal Rules of Civil Procedure does not allow any distinctions based on the identity of defendants, the type of action brought against them, or the possibility that qualified immunity may be used. STATEMENT OF FACTS Beginning in January 2002, respondent Javaid Iqbal was held in a maximum security unit in Brooklyn, New York’s Administrative Maximum Special Housing Unit. He was held there because he was considered to be of high interest in the investigations following the September 11 th attacks. He was held solely because of his race, religion, and national origin. While being detained, Iqbal was subjected to abusive strip searches, solitary confinement, and beaten by corrections officers. Upon his release, Iqbal brought suit seeking compensation for the role that the petitioners and other federal officials played in
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ADMIN LAW FINAL BRIEF - BRIEF FOR RESPONDENT JAVAID IQBAL...

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