University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Al-Aulaqi v. Panetta NS-DC-0002
Docket / Court 1:12-cv-01192 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) National Security
Attorney Organization ACLU Chapters (any)
Center for Constitutional Rights
Case Summary
In July 2012, plaintiffs, representing the estates of their respective children, filed suit in United States District Court for the District of Columbia against the United States and Department of Defense officials in their personal capacities. Represented by the American Civil Liberties Union and ... read more >
In July 2012, plaintiffs, representing the estates of their respective children, filed suit in United States District Court for the District of Columbia against the United States and Department of Defense officials in their personal capacities. Represented by the American Civil Liberties Union and the Center for Constitutional Rights, the plaintiffs alleged that the United States directed and authorized missile strikes resulting in citizens' deaths abroad, in violation of the Fifth and Fourth Amendments and the Bill of Attainder Clause.

The defendants moved to dismiss the case in December 2012 under several theories precluding judicial review, including lack of standing, separation of powers concerns, the presence of non-justiciable political questions, and qualified immunity of the federal officials. The district court scheduled oral arguments for July 2013. Meanwhile, the district court took judicial notice of a New York Times article by Charlie Savage, U.S. Admits for First Time Drones Killed 4 Americans, N.Y. Times, May 22, 2013, and requested briefing on how the statements of the Attorney General of the United States affected the legal issues in the case.

The case is ongoing. No opinion has been issued as of October 2013.

Elizabeth Homan - 11/01/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Access to lawyers or judicial system
Courts
International law
Terrorism/Post 9-11 issues
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) David Petraeus
Joseph Votel
Leon Panetta
United States of America
William H. McRaven
Plaintiff Description Plaintiffs are two parents who bring suit as the personal representative of the estates of their respective children, who were killed in United States missile strikes.
Indexed Lawyer Organizations ACLU Chapters (any)
Center for Constitutional Rights
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
1:12-cv-01192-RMC (D.D.C.) 09/17/2013
NS-DC-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/18/2012 (2012 WL 3024212)
NS-DC-0002-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Correspondence] Exhibit 1 05/22/2013
NS-DC-0002-0002.pdf | Detail
Document Source:
U.S. Acknowledges Killing Four Americans in Drone Strikes 05/22/2013
NS-DC-0002-0004.pdf | Detail
Exhibit 2 (Remarks by the President on the Future of Our Fight Against Terrorism) 05/23/2013
NS-DC-0002-0003.pdf | Detail
Document Source:
Judges Collyer, Rosemary M. (D.D.C., FISC)
NS-DC-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Jaffer, Jameel (New York)
NS-DC-0002-0001 | NS-DC-0002-9000
Kaufman, Brett Max (New York)
NS-DC-0002-9000
Kebriaei, Pardiss (New York)
NS-DC-0002-0001 | NS-DC-0002-9000
Lahood, Maria Couri (California)
NS-DC-0002-0001 | NS-DC-0002-9000
Shamsi, Hina (New York)
NS-DC-0002-0001 | NS-DC-0002-9000
Spitzer, Arthur (District of Columbia)
NS-DC-0002-0001 | NS-DC-0002-9000
Wessler, Nathan Freed (New York)
NS-DC-0002-0001 | NS-DC-0002-9000
Defendant's Lawyers Holder, Eric H. Jr. (District of Columbia)
NS-DC-0002-0002
Werner, Paul Elias (District of Columbia)
NS-DC-0002-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -