The American Civil Liberties Union lawsuit charging that former Attorney General John Ashcroft is personally responsible for the wrongful detention of an innocent American, Abdullah al-Kidd, can go forward, the U.S. Court of Appeals for the Ninth Circuit ruled today. The ruling denies Ashcroft's request that his appeal be heard by the entire court and upheld the court's September 2009 decision that the federal material witness law cannot be used to detain or investigate suspects where no probable cause exists for criminal charges. The ruling also held that Ashcroft does not have immunity in this case and can be held personally liable for the wrongful detention of al-Kidd.
Today's ruling affirms the court's September 2009 ruling that found that the material witness law may only be used when an individual is genuinely sought as a witness and where there is a real risk of flight. The court ruled that the law does not allow an end-run around the constitutional requirements for arresting someone suspected of a crime. Ashcroft had appealed the ruling.
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