The U.S. Supreme Court will decide whether an American Muslim can sue a former top Bush administration official who he says was responsible for his improper arrest after the Sept. 11, 2001, terrorist attacks.

The arrest of Abdullah al-Kidd and dozens of other Muslims and Arabs without evidence of crimes was part of the Bush administration’s aggressive response to the Sept. 11 attacks against the United States. The fear-filled period that followed the attacks has ended up spawning lawsuits, including the one al-Kidd has brought against an ex-administration official, former Attorney General John Ashcroft.