Case: El Badrawi v. Department of Homeland Security

3:07-cv-01074 | U.S. District Court for the District of Connecticut

Filed Date: July 13, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October 29, 2004, when he left his apartment to work, Plaintiff was arrested on the charge that he had overstayed his period of authorized stay as a nonimmigrant visa holder by federal agents. Plaintiff was t…

On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October 29, 2004, when he left his apartment to work, Plaintiff was arrested on the charge that he had overstayed his period of authorized stay as a nonimmigrant visa holder by federal agents. Plaintiff was then held without bail at the Hartford Correctional Center (HCC), a state run prison facility, in the custody of U.S. Immigration and Customs Enforcement ("ICE"), a unit of the Department of Homeland Security ("DHS"). Represented by public interest attorneys from Yale Law School and Asian American Legal Defense and Education Fund, Plaintiff brought this action against various departments and officials of the federal and state governments, challenging the legality his arrest, his detention, and the conditions under which he was detained.

Defendants filed a motion to dismiss or for summary judgment. On September 22, 2008, in a published opinion, the Court (Judge Janet C. Hall) dismissed a number of Plaintiff's claims. However, the court denied Defendant's motion for summary judgment and held that Plaintiff had stated claims against the United States under the Federal Tort Claims Act ("FTCA") for false arrest and for abuse of process with respect to his detention following the agreement to voluntarily departure. The Court also held that Plaintiff had stated claims, pursuant to 42 U.S.C. section 1983, against HCC's Warden for violations of the Free Exercise Clause and the Eighth Amendment. The Court also granted Plaintiff permission to amend the Complaint in order to plead claims against a Chaplain at HCC; and HCC's Director of Food Services, pursuant to the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq.

Plaintiff's Second Amended Complaint, filed on November 07, 2008, became the surviving complaint of this action.

After a long and contentious battle in discovery, Defendants again filed motions for summary in late August and early September of 2010. Plaintiff filed its opposition and cross-motion for summary judgment in November. The American Immigration Council and the American Immigration Lawyers Association filed an amici brief to support the Plaintiff.

On April 12, 2011, in a published opinion, the Court (Judge Hall) denied Defendants' motion for summary judgment and granted in part and denied in part Plaintiff's cross motion for summary judgment. The Court ruled that an H-1B worker who had timely sought an extension of that visa status, and who was authorized to continue working under 8 CFR § 274a.12(b)(20), could not be arrested or subjected to removal. The Court's opinion revolves around the meaning of 8 CFR § 274a.12(b)(20), which the Court summarized as follows: "A nonimmigrant alien [who was admitted under one of various forms of work-based visas, including an H-1B visa] whose status has expired but who has filed a timely application for an extension of such stay....[is] authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay."

Later, the parties settled this action in full. On August 15, 2011, the action was dismissed with prejudice.

Summary Authors

Xin Chen (10/13/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201174/parties/el-badrawi-v-department-of-homeland-security/


Documents in the Clearinghouse

Documents in this case

3:07-cv-01074

Docket

Aug. 15, 2011

Aug. 15, 2011

Docket
26

3:07-cv-01074

Memorandum of Law in Support of Motion to Dismiss or for Summary Judgment by the United States

Nov. 19, 2007

Nov. 19, 2007

Pleading / Motion / Brief
41

3:07-cv-01074

Plaintiff's Memorandum in Opposition to Motion to Dismiss or for Summary Judgment by Defendants

Dec. 29, 2007

Dec. 29, 2007

Pleading / Motion / Brief
82

3:07-cv-01074

Ruling Re: Defendants' Motions to Dismiss or for Summary Judgment, etc.

Sept. 22, 2008

Sept. 22, 2008

Order/Opinion

579 F.Supp.2d 249

95

3:07-cv-01074

Second Amended Complaint

Nov. 7, 2008

Nov. 7, 2008

Complaint
164

3:07-cv-01074

Ruling Re: Plaintiff's Motion to Compel

July 24, 2009

July 24, 2009

Order/Opinion

258 F.R.D. 198

181

3:07-cv-01074

Ruling Re: Motion for Reconsideration

Sept. 4, 2009

Sept. 4, 2009

Order/Opinion

2009 WL 2913246

348-1

3:07-cv-01074

Memorandum of Law in Support of Motion for Summary Judgment by the United States

Aug. 30, 2010

Aug. 30, 2010

Pleading / Motion / Brief
352-1

3:07-cv-01074

State Defendants' Memorandum in Support of Summary Judgment

Sept. 10, 2010

Sept. 10, 2010

Pleading / Motion / Brief
372

3:07-cv-01074

Brief Amici Curiae of the American Immigration Council and the American Immigration Lawyers Association in Opposition to the Motion of Defendant United States for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment

Nov. 5, 2010

Nov. 5, 2010

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201174/el-badrawi-v-department-of-homeland-security/

Last updated March 28, 2026, 5:19 a.m.

ECF Number Date Description Link
1 July 13, 2007

COMPLAINT against Hartford Corr Ctr, Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser ( Filing fee $ 350 receipt number N021832), filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Exhibit )(Rodko, B.) (Entered: 07/18/2007)

2 Exhibit Exhib

View on PACER

RECAP
2 July 13, 2007

Order on Pretrial Deadlines: Motions to Dismiss due on 10/13/07.Amended Pleadings due by 9/11/2007.,Discovery due by 1/12/2008.,Dispositive Motions due by 2/11/2008.. Signed by Clerk on 7/13/07. (Rodko, B.) (Entered: 07/18/2007)

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3 July 13, 2007

ELECTRONIC FILING ORDER. Signed by Judge Peter C. Dorsey on 7/13/07. (Rodko, B.) (Entered: 07/18/2007)

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4 July 26, 2007

ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Judge Peter C. Dorsey on 7/26/07. (Brown, S.) (Entered: 07/27/2007)

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5 Sept. 19, 2007

NOTICE of Appearance by Brant S. Levine on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Levine, Brant) (Entered: 09/19/2007)

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6 Sept. 19, 2007

Consent MOTION for Extension of Time until November 19, 2007 and to set a briefing schedule to respond to the Complaint by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 09/19/2007)

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7 Sept. 20, 2007

ORDER granting 6 Motion for Extension of Time until November 19, 2007 and to set a briefing schedule to respond to the Complaint.The Court appreciates the cooperation and communication between counsel leading to this proposed schedule, which the court agrees with. SO ORDERED by Judge Janet C. Hall on 9/20/07. (Klein, V.) (Entered: 09/20/2007)

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8 Sept. 26, 2007

NOTICE of Appearance by Victoria S Shin on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Charles L. Lee, Department of Homeland Security, Gregory Manack, Michael S. Loser as Local Counsel (Shin, Victoria) (Entered: 09/26/2007)

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9 Sept. 27, 2007

NOTICE of Appearance by Victoria S Shin on behalf of Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser Amended Notice of Appearance as Local Counsel on Behalf of Federal Defendants (Shin, Victoria) (Entered: 09/27/2007)

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10 Oct. 5, 2007

NOTICE of Appearance by Maura Murphy-Osborne on behalf of Charles L. Lee (Murphy-Osborne, Maura) (Entered: 10/05/2007)

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11 Oct. 5, 2007

First MOTION for Extension of Time until December 4, 2007 to file Answer by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 10/05/2007)

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12 Oct. 5, 2007

ENTERED IN ERROR - AFFIDAVIT of Service for Summons and Complaint served on Defendant Department of Homeland Security, Defendant Michael Loser, Defendant Charles Lee, Defendant Robert Mueller, Defendant Michael Chertoff, Defendant Federal Bureau of Investigation, Defendant United States of America on July 25, 2007 and August 3, 2007, filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) Modified on 10/10/2007 (Candee, D.). (Entered: 10/05/2007)

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13 Oct. 5, 2007

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Michael Chertoff served on 7/26/2007, answer due 9/24/2007; Robert Mueller served on 7/26/2007, answer due 9/24/2007; FBI served on 7/26/2007, answer due 9/24/2007; USA served on 7/26/2007, answer due 9/24/2007; Department of Homeland Security served on 7/26/2007, answer due 9/24/2007; Gregory Manack served on 7/26/2007, answer due 9/24/2007; Michael S. Loser served on 8/5/2007, answer due 10/4/2007. (Candee, D.) Modified on 10/10/2007 (Candee, D.). (Entered: 10/10/2007)

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14 Oct. 5, 2007

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Charles L. Lee served on 8/5/2007, answer due 8/25/2007. (Candee, D.) (Entered: 10/10/2007)

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15 Oct. 11, 2007

ORDER granting in part 11 Motion for Extension of Time until 11/19/2007 to file an answer. SO ORDER by Judge Janet C. Hall on 10/11/2007. (Sanders, C.) (Entered: 10/11/2007)

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16 Oct. 15, 2007

DISCLOSURE NOTICE: re: Judicial Recusal. Responses should be filed within 20 days of order. (D'Andrea, S.) (Entered: 10/15/2007)

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17 Nov. 7, 2007

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference as to case numbers 07-cv-372 & 07-cv-1074 set for 11/29/2007 04:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554.(DeRubeis, B.) (Entered: 11/07/2007)

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18 Nov. 19, 2007

NOTICE of Appearance by Laura K. Smith on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Smith, Laura) (Entered: 11/19/2007)

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19 Nov. 19, 2007

MOTION to Dismiss by Charles L. Lee.Responses due by 12/10/2007 (Murphy-Osborne, Maura) (Entered: 11/19/2007)

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20 Nov. 19, 2007

Memorandum in Support re 19 MOTION to Dismiss filed by Charles L. Lee. (Attachments: # 1 Exhibit A-C)(Murphy-Osborne, Maura) (Entered: 11/19/2007)

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21 Nov. 19, 2007

Motion for Permission by Rashad Ahmad Refaat El Badrawi for Law Student Intern Appearances (Attachments: # 1 Supplement Sameer Ahmed Law Student Practice Form# 2 Supplement Sarah Burg Law Student Practice Form# 3 Supplement Kathryn Hunt Law Student Practice Form)(Wishnie, Michael) Modified on 11/28/2007 (D'Andrea, S.) (Entered: 11/19/2007)

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22 Nov. 19, 2007

MOTION to Dismiss or for Summary Judgment by Gregory Manack, Michael S. Loser.Responses due by 12/10/2007 (Levine, Brant) (Entered: 11/19/2007)

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23 Nov. 19, 2007

Memorandum in Support re 22 MOTION to Dismiss or for 35 Summary Judgment filed by Gregory Manack, Michael S. Loser. (Attachments: # 1 Ex. A--Declaration of Gregory Manack# 2 Ex. B--Declaration of Michael Loser# 3 Ex. C--Transcript of 11-03 Proceedings# 4 Ex. D--Michael Pearson Memo# 5 Ex. F--Record of Immigration Court# 6 Ex. G--Transcript of 11-10 Proceedings# 7 Ex. H--Order Granting Voluntary Departure)(Levine, Brant) Modified on 11/30/2007 to create a link to doc #35(D'Andrea, S.) (Entered: 11/19/2007)

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24 Nov. 19, 2007

Statement of Material Facts re 22 MOTION to Dismiss or for 35 Summary Judgment filed by Gregory Manack, Michael S. Loser. (Levine, Brant) Modified on 11/30/2007 to create a link to doc #35(D'Andrea, S.) (Entered: 11/19/2007)

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25 Nov. 19, 2007

MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security.Responses due by 12/10/2007 (Levine, Brant) (Entered: 11/19/2007)

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26 Nov. 19, 2007

Memorandum in Support re 25 MOTION to Dismiss or for 36 Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Attachments: # 1 Ex. A--Declaration of Gregory Manack# 2 Ex. B--Declaration of Michael Loser# 3 Ex. C--Transcript of 11-03 Proceedings# 4 Ex. D--Michael Pearson Memorandum# 5 Ex. F--Record of Immigration Court# 6 Ex. G--Transcript of 11-10 Proceedings# 7 Ex. H--Order Granting Voluntary Departure)(Levine, Brant) Modified on 11/30/2007 to create a link to doc #36 (D'Andrea, S.) (Entered: 11/19/2007)

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27 Nov. 19, 2007

Statement of Material Facts re 25 MOTION to Dismiss or for 36 Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Levine, Brant) Modified on 11/30/2007 to create a link to doc #36 (D'Andrea, S.) (Entered: 11/19/2007)

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28 Nov. 19, 2007

NOTICE by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 26 Memorandum in Support of Motion, 23 Memorandum in Support of Motion, of Manual Filing of Ex. E (Levine, Brant) (Entered: 11/19/2007)

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35 Nov. 19, 2007

MOTION for Summary Judgment by Gregory Manack, Michael S. Loser.Responses Due by 12/10/2007. (D'Andrea, S.) (Entered: 11/30/2007)

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36 Nov. 19, 2007

MOTION for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security.Responses Due by 12/10/2007. (D'Andrea, S.) (Entered: 11/30/2007)

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29 Nov. 20, 2007

MOTION to Seal by Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Attachments: # 1 Text of Proposed Order)(Sanders, C.) (Entered: 11/20/2007)

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30 Nov. 20, 2007

Sealed Document by Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser re 25 MOTION to Dismiss or for Summary Judgment. (Sanders, C.) (Entered: 11/20/2007)

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31 Nov. 26, 2007

ORDER: So Ordered 29 Motion to Seal. Signed by Judge Janet C. Hall on 11/26/2007. (D'Andrea, S.) (Entered: 11/27/2007)

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32 Nov. 27, 2007

First MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss or for Summary Judgment, 25 MOTION to Dismiss or for Summary Judgment, 19 MOTION to Dismiss until 12/29/07, 12/29/07, 12/21/07 by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) (Entered: 11/27/2007)

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33 Nov. 28, 2007

ORDER granting 32 Motion for Extension of Time to File Response/Reply re 22 MOTION to Dismiss or for Summary Judgment, 19 MOTION to Dismiss, 25 MOTION to Dismiss or for Summary Judgment Responses due by 12/29/2007 and Responses due by 12/21/2007; Reply brief due 1/19/2008. SO ORDERED by Judge Janet C. Hall on 11/28/2007. (Sanders, C.) (Entered: 11/28/2007)

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34 Nov. 30, 2007

ORDER Approving 21 Motion for Law Students' Appearance Requests of Kathryn Hunt. Signed by Judge Janet C. Hall on 11/28/2007. (Attachments: # 1 Sameer Ahmed; # 2 Sarah Burg) (D'Andrea, S.) (Entered: 11/30/2007)

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37 Dec. 4, 2007

Minute Entry for proceedings held before Judge Janet C. Hall: Telephone Status Conference held on 12/4/2007. 15 minutes(Court Reporter T. Fidanza.) (Klein, V.) (Entered: 12/04/2007)

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38 Dec. 19, 2007

First MOTION for Leave to File Excess Pages in Opposition to Defendants Manack and Losers 22 Motion to Dismiss or for 25 Summary Judgment by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) Modified on 12/20/2007 to create links to doc #s 22 and 25 (D'Andrea, S.) (Entered: 12/19/2007)

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39 Dec. 20, 2007

First Memorandum in Opposition re 19 MOTION to Dismiss filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Affidavit Declaration of Bram Elias (with Exhibits Attached))(Wishnie, Michael) (Entered: 12/20/2007)

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40 Dec. 21, 2007

ORDER granting 38 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 12/21/07. (Klein, V.) (Entered: 12/21/2007)

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41 Dec. 29, 2007

First Memorandum in Opposition re 35 MOTION for Summary Judgment, 22 MOTION to Dismiss or for Summary Judgment filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Statement of Material Facts in Opposition to Defendants' Statement of Facts, # 2 Declaration of Rashad El Badrawi, # 3 Declaration of Sameer Ahmed, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 13, # 15 Exhibit 14)(Wishnie, Michael) (Entered: 12/29/2007)

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42 Dec. 29, 2007

MOTION to Seal Exhibits 9, 12, and 15 by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Text of Proposed Order)(Wishnie, Michael) (Entered: 12/29/2007)

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43 Dec. 29, 2007

NOTICE by Rashad Ahmad Refaat El Badrawi re 41 Memorandum in Opposition to Motion,, of Manual Filing of Exs. 9, 12, and 15 (Wishnie, Michael) (Entered: 12/29/2007)

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44 Dec. 29, 2007

MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Wishnie in Support of Plaintiff's Rule 56(f) Motion)(Wishnie, Michael) (Entered: 12/29/2007)

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45 Dec. 29, 2007

Memorandum in Opposition re 25 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Statement of Material Facts Response to Federal Defendants 56a1 Statement of Material Facts)(Wishnie, Michael) (Entered: 12/29/2007)

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46 Dec. 29, 2007

MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Declaration of Michael Wishnie, # 2 Memorandum in Support, # 3 Declaration of Rashad El Badrawi)(Wishnie, Michael) (Entered: 12/30/2007)

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47 Jan. 2, 2008

Sealed Document: Exhibits 9,12 & 15 by Rashad Ahmad Refaat El Badrawi re 41 Memorandum in Opposition to 35 MOTION for Summary Judgment (Candee, D.) (Entered: 01/02/2008)

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48 Jan. 3, 2008

ORDER granting 42 Motion to Seal Exhibits 9, 12, and 15. SO ORDERED by Judge Janet C. Hall on 1/3/08. (S-Klein, V.) (Entered: 01/03/2008)

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49 Jan. 3, 2008

ORDER to Seal - Exhibits 9, 12, 15 ordered sealed re: 42 MOTION to Seal Exhibits 9, 12, and 15 filed by Rashad Ahmad Refaat El Badrawi. Signed by Judge Janet C. Hall on 1/3/07. (Candee, D.) (Entered: 01/04/2008)

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50 Jan. 8, 2008

MOTION for Extension of Time to File Response/Reply Brief as to 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f until 02/11/08 by Michael Chertoff, Robert Mueller, FBI, USA, Charles L. Lee, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Murphy-Osborne, Maura) (Entered: 01/08/2008)

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51 Jan. 15, 2008

ORDER granting 50 Motion for Extension of Time to File Response/Reply re 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f Responses due by 2/11/2008. SO ORDERED by Judge Janet C. Hall on 1/14/08. (Klein, V.) (Entered: 01/15/2008)

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52 Jan. 28, 2008

Consent MOTION for Leave to File Excess Pages for all Defendants' Reply Briefs by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 01/28/2008)

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53 Feb. 4, 2008

ORDER denying 52 Motion for Leave to File Excess Pages for all Defendants' Reply Briefs. Without prejudice to renew. the court would like to know the approximate length of the briefs before deciding the motion. SO ORDERED by Judge Janet C. Hall on 2/2/08. (Klein, V.) (Entered: 02/04/2008)

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54 Feb. 5, 2008

Second MOTION for Leave to File Excess Pages for all Defendants' Reply Briefs by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/05/2008)

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55 Feb. 7, 2008

ORDER granting 54 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 2/6/08. (Klein, V.) (Entered: 02/07/2008)

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56 Feb. 11, 2008

REPLY to Response to 19 MOTION to Dismiss filed by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 02/11/2008)

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57 Feb. 11, 2008

REPLY to Response to 22 MOTION to Dismiss or for Summary Judgment, 35 MOTION for Summary Judgment filed by Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/11/2008)

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58 Feb. 11, 2008

REPLY to Response to 25 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Levine, Brant) (Entered: 02/11/2008)

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59 Feb. 11, 2008

Memorandum in Opposition re 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/11/2008)

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60 Feb. 25, 2008

REPLY to Response to 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) (Entered: 02/25/2008)

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61 April 1, 2008

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument set for 4/25/2008 09:30 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall, as to 25 MOTION to Dismiss or for Summary Judgment, 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 35 MOTION for Summary Judgment, 19 MOTION to Dismiss, 22 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment, 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f. (DeRubeis, B.) (Entered: 04/01/2008)

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62 April 11, 2008

NOTICE of Appearance by Lisa E. Perkins on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Perkins, Lisa) (Entered: 04/11/2008)

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63 April 25, 2008

ORAL MOTION for Extension of Time for service of State Defendant by Charles L. Lee. (Klein, V.) (Entered: 04/29/2008)

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64 April 25, 2008

Minute Entry. Proceedings held before Judge Janet C. Hall: Motion Hearing held on 4/25/2008 Taken under advisement 19 MOTION to Dismiss ; Taken Under advisement 22 MOTION to Dismiss; Taken under advisement 25 MOTION to Dismiss; Taken under advisement 36 MOTION for Summary Judgment; Taken under advisement 35 MOTION for Summary Judgment; Taken under advisement 44 MOTION to Continue; Taken under advisement 46 MOTION to Continue; granting nunc pro tunc 63 Motion for Extension of Time for service of State Defendant. Total Time: 2 hours and 45 minutes(Court Reporter Terri Fidanza.) (Klein, V.) (Entered: 04/29/2008)

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65 April 29, 2008

First MOTION for Leave to File Notice of Supplemental Authority by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Supplement Notice of Supplemental Authority)(Wishnie, Michael) (Entered: 04/29/2008)

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66 May 1, 2008

ORDER granting 65 Motion for Leave to File Notice of Supplemental Authority. SO ORDERED by Judge Janet C. Hall on 4/30/08. (Klein, V.) (Entered: 05/01/2008)

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67 May 6, 2008

NOTICE by Charles L. Lee Re: Filing of Unreported Decision (Attachments: # 1 Exhibit A)(Murphy-Osborne, Maura) (Entered: 05/06/2008)

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68 May 7, 2008

RESPONSE re 65 First MOTION for Leave to File Notice of Supplemental Authority filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 05/07/2008)

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69 July 7, 2008

NOTICE re 22 25 MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser of Supplemental Authorities (Attachments: # 1 Arar v. Ashcroft, 06-4216, (2nd Cir. June 30, 2008), # 2 National Council of La Raza v. Mukasey, 07-816 (2nd Cir. July 3, 2008))(Levine, Brant) Motion links Modified on 7/8/2008 (Bauer, J.). (Entered: 07/07/2008)

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70 July 21, 2008

RESPONSE re 22 25 MOTION to Dismiss or for Summary Judgment 69 Notice (Other), Notice (Other) filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael)Motion links Modified on 7/23/2008 (Bauer, J.). (Entered: 07/21/2008)

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71 Aug. 15, 2008

Second NOTICE OF ADDITIONAL AUTHORITY re 22 25 MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 69 Notice (Other), Notice (Other) Regarding Arar v. Ashcroft filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Attachments: # 1 Order Setting En Banc Hearing in Arar v. Ashcroft)(Levine, Brant) Motion links Modified on 8/18/2008 (Bauer, J.). (Entered: 08/15/2008)

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72 Aug. 22, 2008

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 8/26/2008 04:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (DeRubeis, B.) (Entered: 08/22/2008)

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73 Aug. 26, 2008

NOTICE Concerning Waiver of Judicial Disqualification. Signed by Clerk on 8/26/08. (Ferguson, L.) Modified on 8/28/2008 to indicate filed under SEAL. (S-Kunofsky, L.). (Entered: 08/26/2008)

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74 Aug. 26, 2008

Minute Entry for proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 8/26/2008. Conference Re: conflict and possible waiver procedure. Notice to issue from Clerk of Court. 40 minutes (Court Reporter T. Fidanza.) (Shultz, B.) (Entered: 08/26/2008)

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75 Aug. 26, 2008

AMENDED NOTICE Concerning Waiver of Judicial Disqualification. Signed by Clerk on 8/26/08. (Ferguson, L.) Modified on 8/28/2008 to indicate filed under SEAL. (S-Kunofsky, L.). (Entered: 08/26/2008)

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76 Aug. 26, 2008

NOTICE of Appearance by Ramzi Kassem on behalf of Rashad Ahmad Refaat El Badrawi (Kassem, Ramzi) (Entered: 08/26/2008)

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79 Aug. 27, 2008

NOTICE of Waiver by Rashad Ahmad Refaat El Badrawi re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

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77 Aug. 28, 2008

NOTICE of Waiver by Charles L. Lee re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

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78 Aug. 29, 2008

NOTICE of Waiver by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

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80 Aug. 29, 2008

Statement by Counsel by Rashad Ahmad Refaat El Badrawi re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

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81 Sept. 2, 2008

Supplement by Charles L. Lee to 77 Notice of Waiver re 75 Amended Notice Concerning Waiver of Judicial Disqualification (Ferguson, L.) (Entered: 09/02/2008)

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82 Sept. 22, 2008

RULING Granting 22 Defendants' Motion to Dismiss; Granting in Part and Denying in Part 25 Defendants' Motion to Dismiss; Denying as Moot 35 Defendants' Motion for Summary Judgment; Denying 36 Defendants' Motion for Summary Judgment; Denying as Moot 44 Plaintiff's Motion to Continue or Deny Defendants' Motion for Summary Judgment; Denying as Moot 46 Plaintiff's Motion to Continue or Deny Defendants' Motion for Summary Judgment; Granting in Part and Denying in Part 19 Defendant's Motion to Dismiss. Signed by Judge Janet C. Hall on 9/22/2008. (D'Andrea, S.) (Entered: 09/23/2008)

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83 Oct. 13, 2008

AMENDED COMPLAINT against all defendants, filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Memorandum in Support Notice of Filing of Amended Complaint)(Wishnie, Michael) (Additional attachment(s) added on 10/16/2008: # 2 MAIN DOCUMENT) (D'Andrea, S.). (Entered: 10/13/2008)

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84 Oct. 16, 2008

Docket Entry Correction re 83 Amended Complaint. MODIFIED to attach correct PDF. Amended as to clerical numeration only. (D'Andrea, S.) (Entered: 10/16/2008)

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85 Oct. 20, 2008

Joint STIPULATION re 83 Amended Complaint, by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. AND El Badrawi (Attachments: # 1 Text of Proposed Order)(Levine, Brant) Filers Modified on 10/21/2008 (Bauer, J.). (Entered: 10/20/2008)

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86 Oct. 21, 2008

TRANSCRIPT of Proceedings held on April 25, 2008 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. Type of Hearing: Oral Argument. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 11/11/2008. Redacted Transcript Deadline set for 11/21/2008. Release of Transcript Restriction set for 1/19/2009. (Fidanza, T.) (Entered: 10/21/2008)

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87 Oct. 21, 2008

ORDER re 85 Motion to Amend Complaint. Signed by Judge Janet C. Hall on 10/21/2008. (Heard, J.) Modified on 10/23/2008 to link to correct document. (DeRubeis, B.). (Entered: 10/22/2008)

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88 Oct. 22, 2008

ORDER re 85 Stipulation, filed by FBI, Michael S. Loser, USA, Michael Chertoff, Department of Homeland Security, Rashad Ahmad Refaat El Badrawi, Robert Mueller, Gregory Manack. SO ORDERED by Judge Janet C. Hall on 10/21/08. (DeRubeis, B.) (Entered: 10/22/2008)

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89 Oct. 23, 2008

Docket Entry Correction re 87 Order. Modified to link to correct document. (DeRubeis, B.) (Entered: 10/23/2008)

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90 Oct. 30, 2008

ANSWER to 83 Amended Complaint, with Affirmative Defenses and Special Defenses by USA.(Levine, Brant) (Entered: 10/30/2008)

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91 Nov. 3, 2008

First MOTION for Extension of Time until ten days from this Court's ruling on motion for leave to file a Second Amended Complaint to Answer by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 11/03/2008)

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92 Nov. 4, 2008

MOTION to Amend 83 AMENDED COMPLAINT Second Amended Complaint by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint)(Wishnie, Michael) Motion relief and links Modified on 11/5/2008 (Bauer, J.). (Entered: 11/04/2008)

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93 Nov. 5, 2008

ORDER granting 91 Motion for Extension of Time until ten days from this Court's ruling on motion for leave to file a Second Amended Complaint to Answer. SO ORDERED by Judge Janet C. Hall on 11/5/08. (Simpson, T.) (Entered: 11/05/2008)

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94 Nov. 5, 2008

ORDER granting 92 MOTION to Amend 83 AMENDED COMPLAINT Second Amended Complaint by Rashad Ahmad Refaat El Badrawi. SO ORDERED by Judge Janet C. Hall on 11/5/08. (DeRubeis, B.) (Entered: 11/05/2008)

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95 Nov. 7, 2008

AMENDED COMPLAINT Second against all defendants, filed by Rashad Ahmad Refaat El Badrawi.(Wishnie, Michael) Text Modified on 11/10/2008 (Bauer, J.). (Entered: 11/07/2008)

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96 Nov. 7, 2008

Joint STIPULATION re 95 Amended Complaint by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Rashad Ahmad Refaat El Badrawi, Gregory Manack, Michael S. Loser. (Attachments: # 1 Text of Proposed Order)(Levine, Brant) (Entered: 11/07/2008)

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97 Nov. 7, 2008

ANSWER to 95 Amended Complaint with Affirmative Defenses and Special Defenses by USA.(Levine, Brant) (Entered: 11/07/2008)

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98 Nov. 10, 2008

ORDER re 95 Second Amended Complaint filed by Rashad Ahmad Refaat El Badrawi. Signed by Judge Janet C. Hall on 11/10/2008. (Heard, J.) (Entered: 11/12/2008)

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99 Nov. 20, 2008

ANSWER to 95 Amended Complaint with Affirmative Defenses and Special Defenses by Charles L. Lee.(Murphy-Osborne, Maura) (Entered: 11/20/2008)

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100 Dec. 11, 2008

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Albert Pitts served on 11/24/2008, answer due 12/14/2008; Thomas McGrail served on 11/24/2008, answer due 12/14/2008. (Wishnie, Michael) (Entered: 12/11/2008)

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Case Details

State / Territory:

Connecticut

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a foreign national who claims that agents of the U.S. Immigration and Customs Enforcement (“ICE”) arrested him in October 2004, even though he was in a lawful immigration status.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian American Legal Defense & Educ. Fund (AALDEF)

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

DEPARTMENT OF HOMELAND SECURITY

Director of the Federal Bureau of Investigation

FEDERAL BUREAU OF INVESTIGATION

Resident Agent in Charge

Secretary of the Department of Homeland Security

Senior Special Agent

UNITED STATES OF AMERICA

State

Chaplain

Director of Food Services

Warden

Case Details

Causes of Action:

42 U.S.C. § 1983

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Other Dockets:

District of Connecticut 3:07-cv-01074

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures

Recommended Citation