A federal judge will decide whether Javid Iqbal, a Muslim Pakistani who claimed he was illegally detained after the Sept. 11, 2001, terror attacks, can amend a “deficient” complaint he filed against government officials, the U.S. Court of Appeals for the Second Circuit ruled yesterday. Mr. Iqbal claimed several officials, including former Attorney General John D. Ashcroft, condoned the harsh conditions Mr. Iqbal endured in the Metropolitan Detention Center in Brooklyn.
In 2005, Eastern District Judge John Gleeson denied in part the officials’ bid to dismiss the suit on grounds of qualified immunity. On appeal, the U.S. Court of Appeals for the Second Circuit held that Mr. Iqbal’s complaint sufficiently stated a substantive due process claim. But on May 18, the U.S. Supreme Court created a stir among civil procedure experts when it held 5-4 that Mr. Iqbal’s complaint failed “to plead sufficient facts to state a claim” under Rule 8 of the Federal Rules of Civil Procedure. Yesterday, a three-judge panel of Judges Jon O. Newman, José A. Cabranes and Robert D. Sack remanded the case to the district court to determine whether Mr. Iqbal should be granted leave to amend his complaint. Iqbal v. Aschroft, 05-6352, appears on page 30 of the print edition of today’s Law Journal. — Noeleen G. Walder
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