University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name El Masri v. Tenet NS-VA-0003
Docket / Court 1:05-cv-01417-TSE-TRJ ( E.D. Va. )
State/Territory Virginia
Case Type(s) National Security
Case Summary
On December 6, 2005, a German citizen of Lebanese descent filed this lawsuit in the U.S. District Court for the Eastern District of Virginia, under Bivens and the Alien Tort Statute, against the former Director of the Central Intelligence Agency and three corporations. The plaintiff, represented by ... read more >
On December 6, 2005, a German citizen of Lebanese descent filed this lawsuit in the U.S. District Court for the Eastern District of Virginia, under Bivens and the Alien Tort Statute, against the former Director of the Central Intelligence Agency and three corporations. The plaintiff, represented by private counsel, claimed that he was illegally detained as part of the CIA's "extraordinary rendition" program, tortured, and subjected to other inhumane treatment that violated his rights under the Constitution and international law. Specifically, the plaintiff claimed that, while travelling in Macedonia, he was detained by Macedonian law enforcement officials; after twenty-three days in Macedonian custody, he was handed over to CIA operatives, who flew him to a CIA-operated detention facility near Kabul, Afghanistan; he was held in this CIA facility until May 28, 2004, when he was transported to Albania and released in a remote area; and Albanian officials then picked him up and took him to an airport in Albania, from which he travelled to his home in Germany. The plaintiff also alleged that he had been beaten, drugged, bound, and blindfolded during transport; confined in a small, unsanitary cell; interrogated several times; and consistently prevented from communicating with anyone outside the detention facility, including his family or the German government.

The United States intervened as a defendant in the district court, asserting that El-Masri's civil action could not proceed because it posed an unreasonable risk that privileged state secrets would be disclosed that would hurt national security. On March 13, 2006, the Government. filed a motion to dismiss or in alternative a motion for summary judgment.

The plaintiff countered that the state secrets doctrine did not necessitate dismissal of his complaint, primarily because CIA rendition operations, including El-Masri's alleged rendition, had been widely discussed in public forums. In support of this contention, a human rights adviser to the American Civil Liberties Union filed a sworn declaration in the district court, dated April 7, 2006, in which he asserted that United States officials--including Secretary of State Condoleezza Rice, White House Press Secretary Scott McClellan, and Directors Tenet and Goss--had publicly acknowledged that the United States had conducted renditions.

On May 12, 2006, Judge T.S. Ellis held that the Government's claims of state secret privilege was valid. Given the application of the privilege to this case, Judge Ellis granted the U.S.'s motion to dismiss because the plaintiff's claims and the Government's defenses could not be fairly litigated without disclosure of state secrets. El-Masri v. Tenet, 437 F. Supp. 2d 530 (E.D. Va. 2006).

The plaintiff appealed this decision. On March 2, 2007, the Fourth Circuit affirmed the judgment of the District Court. In an opinion by Judge Robert King, the Fourth Circuit wrote that it recognized the "gravity" of the conclusion that the plaintiff must be denied a judicial forum for his complaint, and reiterated "past observations that dismissal on state secrets grounds is appropriate only in a narrow category of disputes." Nonetheless, the Fourth Circuit held that it was "plain" that this matter "fell squarely within that narrow class." El-Masri v. United States, 479 F.3d 296, 313 (4th Cir. 2007).

Jessica Kincaid - 06/16/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Discrimination-basis
Race discrimination
General
Confinement/isolation
Excessive force
Over/Unlawful Detention
Terrorism/Post 9-11 issues
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Causes of Action Alien Tort Claims Act (ATCA), 28 U.S.C. § 1350
Bivens
Defendant(s) Central Intelligence Agency
Plaintiff Description A German citizen of Lebanese who was illegally detained as part of the CIA’s “extraordinary rendition” program
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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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)
1:05−cv−01417 (E.D. Va.) 12/06/2005
NS-VA-0003-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Granting Motion to Dismiss] 05/12/2006 (437 F.Supp.2d 530) (E.D. Va.)
NS-VA-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 03/02/2007 (479 F.3d 296)
NS-VA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Duncan, Allyson Kay (Fourth Circuit)
NS-VA-0003-0001
Ellis, Thomas Selby III (E.D. Va.)
NS-VA-0003-0002
King, Robert Bruce (Fourth Circuit)
NS-VA-0003-0001
Shedd, Dennis W. (D.S.C., Fourth Circuit)
NS-VA-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Glasberg, Victor Michael (Virginia)
NS-VA-0003-9001
Defendant's Lawyers Barghaan, Dennis C. (Virginia)
NS-VA-0003-9001
Corcoran, M. Evan (District of Columbia)
NS-VA-0003-9001
Mason, Mary Hampton (District of Columbia)
NS-VA-0003-9001
Rowley, John P (District of Columbia)
NS-VA-0003-9001
Sher, R. Joseph (District of Columbia)
NS-VA-0003-9001
White, David Hugh (District of Columbia)
NS-VA-0003-9001
Other Lawyers None on record

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