Vance v. Rumsfeld

In Bivens action against defendant-former Secretary of Defense alleging that U.S. Military officials illegally detained plaintiffs-American citizens in American military camps in Iraq and subjected them to illegal torture, Dist. Ct. did not err in denying in part defendant's motion to dismiss on grounds of qualified immunity, plaintiffs' claim that their treatment amounted to cruel and inhuman treatment that violated 5th Amendment's substantive due process clause. Plaintiffs alleged sufficient details supporting defendant's personal responsibility for alleged torture, and that defendant was not entitled to qualified immunity where law was established at time of 2006 alleged incident that said conduct was unconstitutional. Ct. further found that Bivens' remedy was available for alleged torture of civilian U.S. citizens by U.S. military personnel in war zone. Dist. Ct. erred, though, in failing to dismiss plaintiffs' claim for property damages under military authority exception to Administrative Procedure Act. (Partial dissent filed.)