Case: Turkmen v. Ashcroft

1:02-cv-02307 | U.S. District Court for the Eastern District of New York

Filed Date: April 17, 2002

Case Ongoing

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Case Summary

Turkmen v. Ashcroft, also known as Ziglar v. Abbasi, is one of two related actions filed in the U.S. District Court for the Eastern District of New York by plaintiffs who were investigated and detained for suspected terrorist ties in the wake of the 9/11 attacks. It was filed on April 17, 2002 as a class-action lawsuit, but the class was never certified. The case was assigned to Judge John Gleeson. (The related case, Elmaghraby v. Ashcroft (later Ashcroft v. Iqbal), was also assigned to Judge …

Turkmen v. Ashcroft, also known as Ziglar v. Abbasi, is one of two related actions filed in the U.S. District Court for the Eastern District of New York by plaintiffs who were investigated and detained for suspected terrorist ties in the wake of the 9/11 attacks. It was filed on April 17, 2002 as a class-action lawsuit, but the class was never certified. The case was assigned to Judge John Gleeson. (The related case, Elmaghraby v. Ashcroft (later Ashcroft v. Iqbal), was also assigned to Judge Gleeson, and was settled following the Supreme Court's ruling in that case, 556 U.S. 662.) This case was reassigned to Judge Dora Irizarry on March 9, 2016, when Judge Gleeson resigned from the bench to return to private practice.

The plaintiffs in this case were men of Middle Eastern and South Asian descent who were arrested by the FBI and the INS in immigration raids following the September 11 attacks. They were held for months in the Metropolitan Detention Center in Brooklyn as the FBI investigated potential links to terrorism, but they were never charged with a crime. Some of the plaintiffs alleged that they were kept in solitary confinement, barred from communication with attorneys, family, and friends, subjected to physical and verbal abuse, and obstructed in their efforts to practice their religion. They sued the U.S. Attorney General, the FBI Director, the INS Commissioner, and employees of the Metropolitan Detention Center, alleging violations of the First, Fourth, Fifth, and Sixth Amendments, international human rights law, the Civil Rights Act, and the Alien Tort Statute, seeking compensatory and punitive damages.

Factually, the plaintiffs alleged that notices to appear in court were delayed in reaching them, that they were subject to a blanket no-bond policy, and that they were arbitrarily classified as "of high interest." They claimed that they were subjected to strip searches, sleep deprivation, effective denial of exercise, denial of hygiene items and adequate food, inadequate medical attention, deliberate interference with religious rights, communications blackouts, interference with access to counsel, and denial of consular rights. The plaintiffs further alleged that they were subjected to these harsh conditions because of their religion or ethnicity, and that their continued detention under these conditions stemmed from a discriminatory policy created by high-level officials in the Bush Administration.

The plaintiffs later amended their complaint in light of reports published by the Office of the Inspector General in April and December 2003. The amended complaints added new allegations, claims under the Federal Tort Claims Act, one additional plaintiff, and 28 Metropolitan Detention Center employees as defendants.

Four plaintiffs who had been deported were paroled into the U.S. for deposition. This was the first time that non-citizens barred from re-entering the U.S. were allowed to enter for the purpose of pursuing a civil case. While in the country they were under the strict custody of the U.S. Marshals Service.

In 2007, the Department of Justice indicted eleven current and former Metropolitan Detention Center employees, including three Turkmen defendants. Ten of the eleven were convicted of physical attacks against detainees at the Center; those convictions did not involve attacks against the plaintiffs in this case.

Following the 2009 Supreme Court ruling in Ashcroft v. Iqbal, six of the plaintiffs settled their claims for $1.26 million. The remaining plaintiffs filed a fourth amended complaint on September 13, 2010, adding six new plaintiffs and attempting to meet the pleading standard set in Iqbal, so as to maintain claims against Ashcroft and other high-ranking officials.

On January 15, 2013, the district court dismissed all claims against the Attorney General, the FBI Director, and the INS Commissioner (the "DOJ defendants"), and also dismissed two of the claims against the Metropolitan Detention Center employees (the "MDC defendants"). Those two claims, based on alleged communications blackouts and interference with counsel, were dismissed on the grounds of qualified immunity.

The plaintiffs collectively and the MDC defendants individually appealed the ruling to the Second Circuit. The appeals were consolidated as Case No. 13-1662; the consolidated appeal was heard on May 1, 2014. More than a year later, on June 17, 2015, the appeals court reinstated the plaintiffs' claims under the Due Process Clause, the Equal Protection Clause, the Fourth Amendment, and 42 U.S.C. §1985, against the DOJ defendants and the MDC defendants. The court upheld the dismissal, however, of the plaintiffs' claims under the Free Exercise Clause.

In reinstating the claims against the Attorney General and the FBI Director for their post-September 11 policy decisions, the court was extending the application of Bivens into "a context not previously recognized by the Supreme Court or Second Circuit precedent." 789 F.3d 218 (2d Cir. 2015). It was also an innovation for the court to hold that officials were not protected by qualified immunity for punitive and discriminatory confinement and unreasonable strip searches that they imposed on detainees after learning that those detainees were being held with no individualized suspicion of terrorist connections.

The defendants' petition for rehearing en banc was denied; they subsequently sought a 90-day stay of the mandate while the Solicitor General determined whether to appeal to the Supreme Court. The appeals court granted the stay, and the Supreme Court ultimately heard the appeal and issued a decision on June 19, 2017. Titling the case Ziglar v. Abbasi, the Supreme Court held that the Second Circuit should not have extended Bivens liability to the DOJ defendants, emphasizing that "Congress, not the courts, should decide whether a damages action should be allowed." 137 S.Ct. 1843. It held that the plaintiffs' abuse allegations against the MDC defendants did state a plausible claim for relief under the Fifth Amendment, and remanded to the Second Circuit to determine whether a Bivens damages remedy would be appropriate. Finally, the Court dismissed the 42 U.S.C. §1985 conspiracy claims, ruling that the defendants were entitled to qualified immunity.

The Second Circuit remanded the case to the district court for additional proceedings. On February 27, 2018, the district court dismissed the plaintiffs' claims against the DOJ defendants and referred the remainder of their claims to a magistrate judge. In light of the Supreme Court's ruling, the remaining (MDC) defendants moved to dismiss the case for failure to state a claim.

On August 13, 2018, the magistrate judge issued a report, recommending that the plaintiffs' claims against the MDC defendants be dismissed. The magistrate judge concluded that Congress was in "the best position to weight the costs and benefits of allowing a [Bivens] cause of action to proceed" in the context of prisoner abuse claims such as those brought in this case.

The plaintiffs have since filed objections to the report. As of July 2, 2020, the report and the plaintiffs' objections to it are pending before the district court.

Summary Authors

Dan Dalton (1/4/2008)

Nadji Allan (10/29/2014)

Allison Hight (2/15/2016)

Sam Kulhanek (11/24/2018)

Gregory Marsh (7/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4325697/parties/turkmen-v-ashcroft/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Apte, Anagha S. (New York)

Avallone, Rocco G. (New York)

Bakhos, Bassel (Maryland)

Barghaan, Dennis C. (Virginia)

Beck , William (Pennsylvania)

Expert/Monitor/Master/Other

Judge(s)

Gleeson, John (New York)

Gold, Steven M. (New York)

Irizarry, Dora L. (New York)

Pooler, Rosemary S. (New York)

Raggi, Reena (New York)

Wesley, Richard C. (New York)

Attorney for Plaintiff

Bhattacharyya, Mamoni (New York)

Chang, Nancy (New York)

Epstein, Harvey David (New York)

Goodman, William Harry (New York)

Green, Jennifer (New York)

Kadidal, Shayana (New York)

Kline, David J. (District of Columbia)

Magoolaghan, Joan Marie (New York)

Meeropol, Rachel (New York)

Oken, Rima Jennifer (New York)

Patel, Sunita (New York)

Perry, Robert Thomas (New York)

Phillips, C William (New York)

Quigley, William Patrick (Louisiana)

Reinert, Alexander A. (New York)

Sawhney, Pamela (New York)

Strugar, Matthew D. (New York)

Sum-Ping, Joanne (New York)

Winger, Michael (New York)

Yoon, Haeyoung (New York)

Yu, Stephanie (New York)

Zelnick, Kimberly Helene (New York)

Attorney for Defendant

Apte, Anagha S. (New York)

Avallone, Rocco G. (New York)

Bakhos, Bassel (Maryland)

Barghaan, Dennis C. (Virginia)

Beck , William (Pennsylvania)

Bell, David E. (District of Columbia)

Bennett, Jo C (Maryland)

Bernal, David V. (District of Columbia)

Bhalla, Archena (New York)

Bloom, Margo Giselle (Pennsylvania)

Bohorquez, Fernando A. (New York)

Boyd, Nashiba D. (New York)

Branch, Torts (District of Columbia)

Caldwell, Leslie R. (New York)

Caro, Richard Peter (Illinois)

Cash, Raymond P. (New York)

Cohen, Jennifer (New York)

Cohn, Jonathan F. (District of Columbia)

Cronin, Linda (New York)

Culley, Grace B. (New York)

Curtis, Cheryl A. (New York)

D'Ambrosio, Susan M. (New York)

Driscoll, Melissa Kelly (New York)

Elgarten, Clifton (New York)

Feldman, Cary M (District of Columbia)

Freedus, Matthew S (District of Columbia)

GENERIC, OFFICE OF (New York)

Graham, Robert A (District of Columbia)

Granger, Raymond (New York)

Gregg, Larry L. (Virginia)

Gupta, Dimple (District of Columbia)

Hammer, Scott L. (New York)

Handler, Stephen E. (District of Columbia)

Hart, Ronald Paul (New York)

Henley, Madeline (District of Columbia)

Hogan, Matthew (Pennsylvania)

Justice, Tabitha (District of Columbia)

Kaizer, NIcholas Gregory (New York)

Kalinowski, Matthew Richard (New York)

Keefe, James J. (New York)

Keisler, Peter D. (District of Columbia)

Keith, Frederick Ryan (New York)

Klein, Joshua C. (New York)

Koenigsberg, David A. (New York)

Kohanim, Mehrdad (New York)

Lahlou, Shari Ross (District of Columbia)

Lasky, Brian N. (New York)

Lasky, Barry M. (New York)

Lawler, William E. III (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Lawrence, Craig (New York)

Leonard, Christina A (New York)

LoPresti, Salvatore (New York)

Marino, Linda Marie (New York)

Martinez, Michael L. (District of Columbia)

Matthews, James F. (New York)

McCabe, Michael (Florida)

Mcdaniel, William Alden (Maryland)

McLaughlin, Jennifer A. (New York)

McMillan, Bridgett (New York)

Mikkelsen, Deborah Prisinzano (Pennsylvania)

Miller, Brian D. (Virginia)

Molina, Ernesto H. Jr. (District of Columbia)

Murphy, Justin P. (District of Columbia)

Murphy, Kenneth Charles (New York)

Nagel, Laura L (New York)

Nagle, Mark E. (New York)

Oberman, Joshua G. (New York)

Oleksyk, Joanne Rose (New York)

Olshansky, Barbara J. (New York)

Perkins, Julia H. (New York)

Pyles, Phyllis J. (District of Columbia)

Resnick, Lauren J. (New York)

Richman, Labe M. (New York)

Rosenstock, E. Michael (New York)

Roth, Deborah L. (District of Columbia)

Ryan, James G. (New York)

Sandler, Hugh (New York)

Saville, John B. (New York)

Scarlato, Matthew (District of Columbia)

Shivers, Yvonne (New York)

Shur, Justin Vaun (New York)

Smart, Kyler (District of Columbia)

Sponseller, Richard W (Virginia)

Steger, Michael Douglas (New York)

Stern, Paul David (District of Columbia)

Sullivan, Thomas M. (District of Columbia)

Taffet, Allan N. (New York)

Teresky, Thomas Gerard (Illinois)

VanDorp, Armelle Nina (District of Columbia)

Vecchione, John Julian (New York)

Weinberg, Jaime H. (New York)

Wolin, Alan E. (New York)

Wolin, Jerold D. (New York)

Wood, John F. (District of Columbia)

Other

Goldman, Robert (New York)

Tolchin, Robert Joseph (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:02-cv-02307	Docket [PACER]	Jan. 4, 2019	Jan. 4, 2019 Docket
1 1:02-cv-02307	Complaint	April 17, 2002	April 17, 2002 Complaint
162 1:02-cv-02307	Answer to Third Amended Complaint	Dec. 9, 2004	Dec. 9, 2004 Pleading / Motion / Brief
497 1:02-cv-02307 04-cv-01809	Order	May 30, 2006	May 30, 2006 Order/Opinion 2006 WL 1517743
507 1:02-cv-02307	Opinion	June 14, 2006	June 14, 2006 Order/Opinion 2006 WL 1662663
515 1:02-cv-02307	Motion to Dismiss	July 7, 2006	July 7, 2006 Pleading / Motion / Brief
536 1:02-cv-02307	Memorandum and Order	Aug. 2, 2006	Aug. 2, 2006 Order/Opinion 2006 WL 2224492
544 1:02-cv-02307	Order	Aug. 18, 2006	Aug. 18, 2006 Order/Opinion 2006 WL 2403432
560 1:02-cv-02307 04-cv-01809	Order	Oct. 3, 2006	Oct. 3, 2006 Order/Opinion 2006 WL 4483151
726 1:02-cv-02307	Fourth Amended Class Action Complaint	Sept. 13, 2010	Sept. 13, 2010 Complaint

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Turkmen v. Ashcroft Center for Constitutional Rights	Turkmen v. Ashcroft (while being heard by the U.S. Supreme Court the case caption briefly changed to Ziglar v. Abbasi) is a civil rights lawsuit filed in 2002 on behalf of a class of Muslim, South As…	May 20, 2019	May 20, 2019 https://ccrjustice.org/...
Ziglar v. Abbasi Oyez Project	The respondents in this case are a group of male, non-U.S. citizens, most of whom are Muslim of Middle Eastern origin who were detained after the September 11, 2001 attacks and treated as “of interes…	June 19, 2017	June 19, 2017 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4325697/turkmen-v-ashcroft/

Last updated March 23, 2026, 4:21 a.m.

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ECF Number	Date	Description	Link
1	April 17, 2002	Complaint filed and summons issued as to defendant(s) John Ashcroft, Dennis Hasty, John Does 1-10, Robert Mueller, James W. Ziglar. Filing fee $150.00. Receipt number: 260540.. Filed by Barbara J. Olshansky on behalf of Syed Amjad Ali Jaffri, Asif-Ur-Rehman Saffi, Ibrahim Turkmen. (Attachments: # (1) Civil Cover Sheet)(Bowens, Priscilla) 1 View on PACER 2 Civil Cover Sheet View on PACER	Clearinghouse
2	April 23, 2002	SUMMONS Returned Executed by Ibrahim Turkmen. John Ashcroft served on 4/17/2002, answer due 5/7/2002 filed by Barbara J. Olshansky on behalf of Ibrahim Turkmen. (DiLorenzo, Krista)	RECAP
3	April 23, 2002	SUMMONS Returned Executed by Ibrahim Turkmen. John Ashcroft served on 4/22/2002, answer due 5/13/2002; Dennis Hasty served on 4/22/2002, answer due 5/13/2002; Robert Mueller served on 4/22/2002, answer due 5/13/2002; James W. Ziglar served on 4/22/2002, answer due 5/13/2002 filed by Barbara J. Olshansky on behalf of Ibrahim Turkmen. (DiLorenzo, Krista)	RECAP
5	June 14, 2002	Letter dtd 6/13/02 from Timothy P. Garren on behalf of dfts to Judge Gleeson requesting a pre-motion conf. (Latka-Mucha, Wieslawa)	RECAP
4	June 19, 2002	Endorsed order signed by Judge Gleeson on 6/18/02 granting pltf's request tp extend time to submit a response to Timothy Garren's letter dated 6/13/02. A pre-motion conf. will be held on 7/9/02 at 4:30. C/M. (DiLorenzo, Krista)	RECAP
6	June 25, 2002	Letter dated 6/18/02 by Nancy Chang requesting a extension of time to submit a response to Garren's letter dated 6/13/02. (DiLorenzo, Krista)	RECAP
7	July 3, 2002	Letter dtd 6/25/02 from pltfs' counsel William Goodman to Judge Gleeson submitting their objections to the substance of Timothy Garren's letter to the Court of 6/13/02, and advising the Court of their intention to file and amended complaint. (Latka-Mucha, Wieslawa)	RECAP
8	July 27, 2002	Amended complaint. Filed by Barbara J. Olshansky on behalf of Akil Sachveda, Shakir Baloch, Hany Ibrahim, Yasser Ebraheim, Syed Amjad Ali Jaffri, Asif-Ur-Rehman Saffi, Ibrahim Turkmen. (Related document(s)[1]) (DiLorenzo, Krista)	RECAP
9	Aug. 5, 2002	Letter from Timothy Garren to Judge Gleeson requesting leave to exceed the 25 page limit and an extension of time to serve the dfs' motion to dismiss to 8/9/02. (DiLorenzo, Krista)	RECAP
10	Aug. 14, 2002	Endorsed Order signed by Judge Gleeson on 7/30/02 granting dfts' request leave to exceed the 25 page limit and an extension of time to serve the dfs' motion to dismiss to 8/26/02. See letter dtd 7/29/02 from Timothy Garren to Judge Gleeson. Copies faxed by Chambers on 8/1/02. (Latka-Mucha, Wieslawa)	RECAP
11	Aug. 14, 2002	Endorsed Order signed by Judge Gleeson granting pltfs' application. Reply papers, if any: 10/22/02. Reply brief shall not exceed 25 pages. Oral argument: 11/15/02 @ 10:00 am. See letter dtd 7/29/02 from pltfs' counsel Nancy Chang to Judge Gleeson. Copies faxed by Chambers on 8/1/02. (Latka-Mucha, Wieslawa)	RECAP
12	Sept. 24, 2002	Order; endorsed on letter dated 9/18/2 from Nancy Chang, Esq. to Judge Gleeson granting application for an extension of the deadline for pltff's brief in opposition to the motion to dismiss. Reply papers due 11/15/02; Oral argument set for 12/13/02 @ 10:00 a.m. So Ordered. Signed Judge John Gleeson. c/m-ch (Lee, Tiffeny) Modified on 9/24/2002 (Lee, Tiffeny).	RECAP
13	Oct. 25, 2002	Endorsed order signed by Judge Gleeson on 10/23/02 granting pltfs' request to extend time to file pltfs' brief on 10/29/02 and dfts' brief due on 11/19/02. C/M by Chambers. (DiLorenzo, Krista)	RECAP
14	Nov. 1, 2002	Letter dated 10/30/02 from Nancy Chang to Timothy Garren, enclosing a copy of pltfs' papers in opposition to dfts' motion to dismiss. W/O enclosures. (DiLorenzo, Krista)	RECAP
15	Nov. 12, 2002	ENDORSED ORDER signed by Judge John Gleeson, undated granting dfts' request to extend time to file the reply memorandum to 11/26/02. Argument set for 12/19/02 at 2:30. Copies faxed by Chambers on 11/8/02.(DiLorenzo, Krista)	RECAP
16	Dec. 19, 2002	Minute Entry for proceedings held before John Gleeson: Conference for motion of dismissal held on 12/19/2002. Counsel for all sides present. Decision reserved. (Noh, Kenneth)	RECAP
17	Feb. 19, 2003	ORDER signed by Judge John Gleeson on 2/14/03 directing pltfs. to submit a letter simply informing the Court whether they are pursuing the claim. C/M by Chambers.(DiLorenzo, Krista)	RECAP
18	April 2, 2003	Letter dated 3/27/03 from Nancy Chang to Judge Gleeson, in response to dfts' letter dated 3/27/03. (DiLorenzo, Krista)	RECAP
19	May 13, 2003	Letter dated 5/5/03 from Timothy Garren to Judge Gleeson, advising the court of a recent opinion of the United States Supreme Court. (DiLorenzo, Krista)	RECAP
20	June 9, 2003	ORDER signed by Judge John Gleeson on 6/3/03 permitting pltfs. to submit a letter discussing how a report of the Dept. of Justice's Office of the Inspector General relates to this case no later than 6/5/03. If the government wishes to discuss the assertion further in response to pltfs' submission, it may do so in a letter, provided that the letter does not exceed four pages and is submitted no later than 6/9/03. Copies faxed by Chambers. (DiLorenzo, Krista)	RECAP
21	June 10, 2003	Letter dated 6/2/03 from Robert D. McCallum, Jr. to Judge Gleeson notfying the court of a report issued by the Dept. of Justice's Office of the Inspector General. (DiLorenzo, Krista)	RECAP
23	June 11, 2003	MOTION for Leave to Appear pro hac vice for Jo C. Bennett, Esq. by John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar. (DiLorenzo, Krista)	RECAP
24	June 11, 2003	ORDER granting [23] Motion for Leave to Appear pro hac vice for Jo C. Bennett, Esq. Signed by JudgeJohn Gleeson on 6/12/03. Receipt # 278845. C/M. (DiLorenzo, Krista)	RECAP
25	June 11, 2003	MOTION for Leave to Appear pro hac vice for William Alden McDaniel, Jr. by John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar. (DiLorenzo, Krista)	RECAP
26	June 11, 2003	ORDER granting [25] Motion for Leave to Appear pro hac vice for William Alden McDaniel, Jr. Signed by JudgeJohn Gleeson on 6/12/03. C/M. (DiLorenzo, Krista)	RECAP
22	June 13, 2003	ORDER signed by Judge John Gleeson on 6/12/03: Pltfs. shall avoid unnecessary new allegations; second amended complaint shall be served and filed on 6/18/03; dfts' supplemental memorandum or memoranda in support of their pending motion to dismiss due on 7/2/03; pltfs' opposition due on 7/9/03; dfts' reply due on 7/16/03. Copies faxed by Chambers on 6/12/03.(DiLorenzo, Krista)	RECAP
28	June 18, 2003	AMENDED COMPLAINT (Second) against John Ashcroft, Dennis Hasty, John Does 1-20, Robert Mueller, John Roes 1-20, Michael Zenk, James W. Ziglar, filed by Shakir Baloch, Yasser Ebrahim, Hany Ibrahim, Syed Amjad Ali Jaffri, Akil Sachveda, Asif-Ur-Rehman Saffi, Ibrahim Turkmen.(DiLorenzo, Krista)	RECAP
27	June 19, 2003	ORDER signed by Judge John Gleeson on 6/17/03 confirming that pltfs' understanding with regard to their application to conduct limited discovery is correct, and grant their application to include in the second amended complaint those claims referred to in their 6/13/03 letter as well as the court's order 6/12/03. C/M by Chambers. (DiLorenzo, Krista)	RECAP
29	June 23, 2003	Letter dated 6/16/03 from AUSA Molina to Judge Gleeson, in response to pltf's letter dated 6/13/03. (DiLorenzo, Krista)	RECAP
30	June 23, 2003	CERTIFICATE OF SERVICE re: admission to practice pro hac vice by Jo C. Bennett. (DiLorenzo, Krista)	RECAP
31	June 26, 2003	Letter dated 6/13/03 from Nancy Chang to Judge Gleeson, clarifying several matters relating to the court's order of 6/12/03. (DiLorenzo, Krista)	RECAP
33	June 30, 2003	MOTION for Leave to Appear pro hac vice for Michael L. Martinez, Esq. by Dennis Hasty. (DiLorenzo, Krista)	RECAP
34	June 30, 2003	MOTION for Leave to Appear pro hac vice for Shari Ross Lahlou, Esq. by Dennis Hasty. (DiLorenzo, Krista)	RECAP
45	July 1, 2003	Stipulation of Withdrawal and Substitution of Defense Counsel and Joint Entry of Appearances. Justice Dept. attorneys Douglas Letter and Timothy Garren will withdraw from further representation of the dfts. in this action and new counsel will be substituted. (DiLorenzo, Krista)	RECAP
32	July 2, 2003	Supplemental MOTION to Dismiss The Second Amended Complaint by James W. Ziglar. (Bennett, Jo)	RECAP
41	July 2, 2003	Dft Michael Zenk's Supplemental memo of law Support MOTION to Dismiss the complaint. (DiLorenzo, Krista)	RECAP
42	July 2, 2003	Supplemental Memo of Law in support of dft. Hasty's motion to dismiss. (DiLorenzo, Krista)	RECAP
54	July 2, 2003	Supplemental memo in support of dismissing the claims against Attorney General John Ashcroft in his individual capacity. (DiLorenzo, Krista)	RECAP
55	July 2, 2003	Supplemental Memo of law in support of motion to dismiss on behalf of the named dfts. int heir official capacities. (DiLorenzo, Krista)	RECAP
35	July 3, 2003	ORDER granting [33] Motion for Leave to Appear pro hac vice for Michael L. Martinez, Esq. Signed by JudgeJohn Gleeson on 7/2/03. C/M by Chambers. (DiLorenzo, Krista)	RECAP
36	July 3, 2003	ORDER granting [34] Motion for Leave to Appear pro hac vice for Shari Ross Lahlou, Esq. Signed by JudgeJohn Gleeson on 7/2/03. C/M by Chambers. (DiLorenzo, Krista)	RECAP
37	July 3, 2003	ENDORSED ORDER signed by Judge John Gleeson on 7/1/03 denying (without prejudice to renewal after dft's supplemental briefs are filed) pltfs' request for an extension of time to respond to the briefs to be submitted by dfts. Copies faxed by Chambers on 7/2/03. (DiLorenzo, Krista)	RECAP
38	July 3, 2003	ENDORSED ORDER signed by Judge John Gleeson on 7/1/03 denying dft's request for an expansion of the 25 page limit. Copies faxed by Chambers on 7/2/03. (DiLorenzo, Krista)	RECAP
43	July 3, 2003	Mueller's supplemental memo of law in support of motion to dismiss. (DiLorenzo, Krista)	RECAP
39	July 7, 2003	Letter dated 7/2/03 from Barbara Olshansky to Judge Gleeson, renewing their request for an extension of time to respond to dfts' briefs. (DiLorenzo, Krista)	RECAP
40	July 7, 2003	ORDER signed by Judge John Gleeson on 7/3/03 granting pltfs' request for an extension of time to respond to dfts' briefs. Pltfs' brief in opposition due on 7/16/03; dfts' reply due on 7/23/03. Copies faxed by Chambers on 7/3/03.(DiLorenzo, Krista)	RECAP
44	July 11, 2003	Letter dated 7/10/03 from Shari Ross Lahlou to Clerk of Court. enclosing a check in the amount of $50.00 for pro hac vice admission fees. Receipt # 280269. (DiLorenzo, Krista)	RECAP
46	July 15, 2003	Pltf's Supplemental memo of law in Opposition to [32] Supplemental MOTION to Dismiss The Second Amended Complaint.(DiLorenzo, Krista)	RECAP
47	July 21, 2003	ENDORSED ORDER signed by Judge John Gleeson on 7/14/03 granting pltfs' request for an enlargement of the Court's 25 page limit to 45 pages. C/M. (DiLorenzo, Krista)	RECAP
48	July 23, 2003	ENDORSED ORDER signed by Judge John Gleeson on 7/21/03 denying dfts' request for an extension of time to file their reply to the pltfs' supplemental memo of law in opposition to dfts' motion to dismiss. C/M. (DiLorenzo, Krista)	RECAP
49	July 23, 2003	RESPONSE in Support re [32] Supplemental MOTION to Dismiss The Second Amended Complaint REPLY SUPPLEMENTAL MEMORANDUM OF DEFENDANT JAMES ZIGLAR IN SUPPORT OF THE MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by James W. Ziglar. (Bennett, Jo)	RECAP
50	July 23, 2003	Dft. Michael Zenk's reply supplemental memo of law in support of his motion to dismiss the complaint. (DiLorenzo, Krista)	RECAP
51	July 23, 2003	Dft. Dennis Hasty's reply to pltfs' opposition to dfts' motion to dismiss second amended complaint. (DiLorenzo, Krista)	RECAP
52	July 24, 2003	Reply by Attorney General John Ashcroft to ptlfs' supplemental memo. (DiLorenzo, Krista)	RECAP
53	July 24, 2003	Reply to pltfs' supplemental memo of law in opposition to dfts' motion to dismiss the second amended complaint on behalf of the dfts. in their capacities. (DiLorenzo, Krista)	RECAP
56	Aug. 7, 2003	Dft. Robert Mueller's reply to pltfs' opposition to his supplemental memo in support of motion to dismiss the second amended complaint. (DiLorenzo, Krista)	RECAP
57	Aug. 8, 2003	Letter dated 7/23/03 from William McDaniel to Judge Gleeson, enclosing the reply supplemental memo of dft. James Ziglar in support of the motion to dismiss the second amended complaint. (DiLorenzo, Krista)	RECAP
58	Aug. 27, 2003	ORDER signed by Magistrate Judge Cheryl L. Pollak on 8/26/03: pltfs. may serve doc. requests and/or interrogatories for the limited purpose of ascertaining the identities of the unnamed dfts; and pltf's request for a doc. preservation order is denied. (DiLorenzo, Krista)	RECAP
61	Oct. 16, 2003	Unopposed motion for privacy protective order and memo of points and authorities by dfts.(DiLorenzo, Krista)	RECAP
59	Oct. 17, 2003	ORDER signed by Judge John Gleeson on 10/16/03: Having considered dft's objections to Magistrate Judge Pollak's order dated 8/26/03, the court upholds the order in its entirety. C/M.(DiLorenzo, Krista)	RECAP
60	Oct. 21, 2003	PROTECTIVE ORDER signed by Magistrate Judge Cheryl L. Pollak on 10/15/03.(DiLorenzo, Krista)	RECAP
	Dec. 10, 2003	Email Test. (Vaughn, Terry)
62	Dec. 29, 2003	Letter dated 12/18/03 from Ernesto Molina, Jr. to Judge Gleeson, notifying the court of the report issued by the Dept. of Justice's Office of the Inspector General. (DiLorenzo, Krista)	RECAP
63	Jan. 9, 2004	Letter dated 1/9/04 from Larry Gregg to Judge Gleeson, in response to pltfs' letter dated 12/1/03. (DiLorenzo, Krista)	RECAP
64	Jan. 30, 2004	Letter dated 1/22/04 from Ernesto Molina to Judge Gleeson, in response to two letters dated 1/21/03 and 12/19/03. (DiLorenzo, Krista)	RECAP
65	May 14, 2004	Minute Entry for proceedings held before Magistrate Judge Pollak: Telephone Conference held on 5/14/2004. Parties are informed of NBC request to lift protective order. NBC considering whether to file a motion; if motion is filed parties to submit responses within 2 weeks thereafter. Discovery issues to be addressed in a letter to the court. (DiLorenzo, Krista)	RECAP
66	May 25, 2004	ENDORSED ORDER signed by Magistrate Judge Cheryl L. Pollak on 5/24/04 granting AUSA's request to extend time to file a response to pltf's letter until 6/1/04. Copies faxed by Chambers on 5/24/04. (DiLorenzo, Krista)	RECAP
67	June 7, 2004	ENDORSED ORDER signed by Magistrate Judge Cheryl L. Pollak on 6/3/04 granting pltfs' request to reply to AUSA's 6/2/04 letter.(DiLorenzo, Krista)	RECAP
68	June 7, 2004	Letter dated 6/3/04 from Nancy Chang to Magistrate Judge Pollak, requesting permission to reply to AUSA's letter dated 6/2/04. (DiLorenzo, Krista)	RECAP
69	June 15, 2004	ORDER signed by Magistrate Judge Cheryl L. Pollak on 6/8/04 directing dfts. to produce documents to the court for in camera review. (DiLorenzo, Krista)	RECAP
70	July 1, 2004	ORDER Endorsed on letter dated 6/30/04 from Nancy Chang, Esq. to USMJ Pollak: Telephone Conference set for 7/1/04 at 12:00. Signed by Judge Cheryl L. Pollak on 6/30/04. (Williams-Jackson, Sandy)	RECAP
76	July 1, 2004	Minute Entry for proceedings held before Magistrate Judge Pollak: Telephone Conference held on 7/1/2004. Protective order modified. (DiLorenzo, Krista)	RECAP
71	July 7, 2004	ORDER signed by Magistrate Judge Cheryl L. Pollak on 7/1/04 that paragraph 8 of the 10/15/03 protective order is amended. See order for further details and conditions. (DiLorenzo, Krista)	RECAP
72	July 15, 2004	Letter dated 7/13/04 from Michael Winger to Ernesto Molina, advising that pltfs' counsel disclosed one item of information contained in a document. (DiLorenzo, Krista)	RECAP
73	July 27, 2004	Letter dated 7/22/04 from Nancy Chang to Magistrate Judge Pollak, requesting status of motion to compel. (DiLorenzo, Krista)	RECAP
74	July 29, 2004	ORDER, Signed by Judge Cheryl L. Pollak on 7/29/04. (Black, Amanda)	RECAP
75	July 29, 2004	Letter dated 7/1/04 from Michael Winger to Magistrate Judge Pollak, enclosing a proposed order modifying the existing protective order. (DiLorenzo, Krista)	RECAP
77	July 29, 2004	Letter dated 6/30/04 from Nancy Chang to Magistrate Judge Pollak, requesting that the court modify paragraph 8 of the 10/15/03 protective order. (DiLorenzo, Krista)	RECAP
78	Aug. 2, 2004	CORECTED ORDER. Signed by Magistrate Judge Cheryl L. Pollak on 08/02/04. (Caggiano, Diana)	RECAP
79	Aug. 5, 2004	Letter dated 5/19/04 from Nancy Chang to Mag. Pollak, advising the court of several discovery disputes. (Piper, Francine)	RECAP
80	Aug. 5, 2004	Letter dated 7/31/03 from Nancy Chang to Mag. Pollak, requesting the court's permission to conduct limited discovery. (Piper, Francine)	RECAP
81	Aug. 5, 2004	Letter dated 6/2/04 from Ernesto Molina to Mag. Pollak, advising that the court should deny the motion for orders to compel. (Piper, Francine)	RECAP
82	Aug. 5, 2004	Letter dated 6/7/04 from Nancy Chang to Mag. Pollak, pltff's request that the court expedite the resolution of the motion. (Piper, Francine)	RECAP
83	Aug. 11, 2004	MOTION for Order to Show Cause permittng the movants to intervene for the purpose of seeking access to the documents produced by the defendants pursuant to Magistrate Judge Pollak's order of 8-2-04 by Omer Gavriel Marmari, Yaron Shmuel, Paul Kurzberg, Silvan Kurzberg. (Attachments: # (1) Declaration in support of Order to Show Cause with Exhibits# (2) Memorandum of law in support of Order to Show Cause)(Tolchin, Robert) 2 Declaration in support of Order to Show Cause with Exhibits View on PACER 3 Memorandum of law in support of Order to Show Cause View on PACER	RECAP
84	Aug. 13, 2004	Minute Entry for Telephone Conference proceeding held before Magistrate Judge Cheryl L. Pollak on 8/13/2004. Government to notify court by August 17, 2004 as to the position with respect to the intervenors application. (Caggiano, Diana)	RECAP
85	Aug. 18, 2004	Letter dtd 8/4/04 to Magistrate Judge Cheryl L. Pollak from Larry Lee Gregg, submitted on behalf of A.G. John Ashcroft, in opposition to plaintiffs' request to initiate discovery, etc.(Schillat, Louise)	RECAP
86	Aug. 18, 2004	Letter dtd 8/4/04 to Magistrate Judge Cheryl L. Pollak from Ernesto H. Molina, Jr., responding to Plaintiff's letter dtd 7/31/04, seeking leave to conduct discovery and requesting an order to protect against the destruction of evidence. Defendant's oppose both requests.(Schillat, Louise)	RECAP
87	Aug. 18, 2004	Letter dtd 8/5/04 to Magistrate Judge Cheryl L. Pollak from AUSA Mark E. Nagle, opposing plaintiff's request for discovery prior to the resolution of the pending motions. (Schillat, Louise)	RECAP
88	Aug. 19, 2004	Letter dated 8/17/04 from Ernesto Molina, Jr. to Mag. Pollak, in response to the order to show cause (hereinafter, "Motion to Intervene") filed on 8/12/04 by four individuals seeking to intervene. (Piper, Francine)	RECAP
89	Aug. 26, 2004	Letter dated 8/13/04 from Nancy Chang to Mag. Pollak, requesting two brief modifications to the existing protective order. (Piper, Francine)	RECAP
90	Aug. 27, 2004	Letter dated 8/17/04 from Ernesto Molina, Jr. to Mag. Pollak, in response to the order to show cause filed on 8/12/04 by four individuals seeking to intervene. (Piper, Francine)	RECAP
91	Aug. 30, 2004	ORDER. It is hereby ORDERED that Paragraph 4 of the Protective Order issued on October 13, 2003, and amended on July 1, 2004, is amended as follows: It is further ORDERED that Paragraph 8 of the Protective Order issued on October 15, 2003, and amended on July 1, 2004, is amended as follows: Signed by Judge Cheryl L. Pollak on 08/26/04. (Pollak, Cheryl)	RECAP
92	Aug. 31, 2004	Letter from Robert J. Tolchin, Esq. to Magistrate Judge Pollak Regarding Conveying proposed order, stipulated as to form by the government, allowing interevenors to intervene and have access to discovery materials produced to plaintiffs. (Tolchin, Robert)	RECAP
93	Sept. 1, 2004	ORDER directing plaintiffs' counsel to prepare an accurate list of counsel in the case for the roster of counsel. Signed by Judge John Gleeson on September 1, 2004. (Gleeson, John)	RECAP
94	Sept. 3, 2004	ORDER, Intervenor's Order to Show Cause is granted. Intervenor's counsel, Robert J. Tolchin, is permitted to have access, to and to make a copy of the discovery materials produced to the pltffs. (Signed by Judge Cheryl L. Pollak on 8/31/04) (Piper, Francine)	RECAP
95	Sept. 3, 2004	Letter dated 8/24/04 from Ernesto Molina to Mag. Pollak, advising that parties have discussed the matter and have reached an agreement. (Piper, Francine)	RECAP
96	Sept. 7, 2004	MOTION to Amend/Correct [28] Amended Complaint, by all plaintiffs. (Chang, Nancy)	RECAP
97	Sept. 7, 2004	MOTION to Amend/Correct [96] MOTION to Amend/Correct [28] Amended Complaint, Memo and Proposed Order, by all plaintiffs. (Chang, Nancy)	RECAP
98	Sept. 9, 2004	ENDORSED ORDER REFERRING MOTION: [96] MOTION to Amend/Correct [28] Amended Complaint to Mag. Pollak, filed by Shakir Baloch, Ibrahim Turkmen, Asif-Ur-Rehman Saffi, Syed Amjad Ali Jaffri, Yasser Ebrahim, Hany Ibrahim, Akil Sachveda. (Signed by Judge John Gleeson on 8/31/04) (Piper, Francine)	RECAP
99	Sept. 9, 2004	Letter from Nancy Chang to Judge John Gleeson Regarding Roster of counsel attached. (Chang, Nancy)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2002

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-citizen Middle Eastern and South Asian men who were arrested by the INS or FBI after 9/11 and charged with immigration violations, and detained for months without bond as the FBI investigated potential terrorist connections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

Federal Bureau of Investigation (FBI)

Immigration and Naturalization Service