Seventh Circuit -- Donald Vance v. Donald Rumsfeld

Donald Vance v. Donald Rumsfeld

(Quick skim - more than 90 pp.)

Bivens claim alleging torture of US citizens in a war zone can continue, but APA military exception blocks action to recover property.

Qualified immunity denied, as no reasonable gov't official could have thought the alleged treatment to be constitutional.

Claims against Rumsfeld pled sufficiently.

Detainee Teatment Act standards do not supersede, as plaintiffs claim that defts modified practices in response.

No deference / national security bar to courts entertaining Bivens actions.

DC & 2nd Circuit decisions holding otherwise referred to aliens, not citizens.

Concur/Dissent: Allow Congress time to fashion a remedy.  Although other cases dealt with aliens, not citizens, courts in denying the remedy have used arguments that apply to citizens.