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Ashcroft v. al-Kidd : ウィキペディア英語版
Ashcroft v. al-Kidd

''Ashcroft v. al-Kidd'', 563 U.S. ___ (2011), is a United States Supreme Court case in which the Court held that United States Attorney General John D. Ashcroft could not be personally sued for his involvement in the detention of an American citizen in the wake of the September 11 attacks.
== Background ==
The plaintiff, Abudullah al-Kidd (born Lavoni T. Kidd in Wichita, Kansas), is an American citizen and was a prominent football player at the University of Idaho. While at college, Kidd converted to Islam and adopted the name Abudullah al-Kidd. Al-Kidd was arrested by federal agents in 2003 at Dulles International Airport. He was travelling to Saudi Arabia to attend school. He was held for two weeks under the federal material-witness statute〔(18 U.S.C. § 3144 )〕 and controlled by supervised release for 13 months because he was to testify in the trial of Sami Omar Al-Hussayen. The latter was tried and acquitted on charges of supporting terrorist organizations.
At the time of al-Kidd's arrest, the FBI Director Robert S. Mueller told Congress that it was one of the FBI's "success" stories.〔 Al-Kidd was never charged or called as a witness, and he was ultimately released.
Al-Kidd filed suit against John Ashcroft, who was U.S. Attorney General from 2001 to 2005. Al-Kidd alleges that he was denied access to a lawyer, shackled, and strip-searched. The American Civil Liberties Union, which represented al-Kidd, claim that he is one of 70 Muslim men who were similarly treated.〔
The federal government said that Aschroft has absolute immunity from such civil suits because he was acting within the scope of his duties as US Attorney General. In the alternative, Ashcroft has qualified immunity that prevents such suits unless the official violated a right that was clearly established at the time of the violation.〔
In 2009, the U.S. Court of Appeals for the Ninth Circuit found that Ashcroft could personally be sued and held responsible for al-Kidd's wrongful detention. On October 18, 2010, the United States Supreme Court agreed to hear Ashcroft's appeal of the Ninth Circuit's ruling.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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