Ashcroft v. Abbasi

Consolidated with:

• Ziglar v. Abbasi
• Hasty v. Abbasi

Holding: (1) The limited reach of the Bivens action informs the decision whether an implied damages remedy should be recognized in this case; (2) considering the relevant special factors in this case, a Bivens-type remedy should not be extended to the "detention policy claims" -- the allegations that the executive officials and wardens violated the detainees' due process and equal protection rights by holding them in restrictive conditions of confinement, and the allegation that the wardens violated the Fourth and Fifth Amendments by subjecting the detainees to frequent strip searches -- challenging the confinement conditions imposed on the detainees pursuant to the formal policy adopted by the executive officials in the wake of the September 11 attacks; (3) the U.S. Court of Appeals for the 2nd Circuit erred in allowing the prisoner-abuse claim against Warden Dennis Hasty to go forward without conducting the required special-factors analysis; and (4) the executive officials and wardens are entitled to qualified immunity with respect to respondents' claims under 42 U.S.C. § 1985(3).

Judgment: Reversed in part and vacated and remanded in part, 4-2, in an opinion by Justice Kennedy on June 19, 2017. Justice Kennedy delivered the opinion of the Supreme Court with respects to Parts I, II, III, IV-A, and V, in which Chief Justice Roberts and Justices Thomas and Alito joined; Justice Kennedy also delivered an opinion with respect to Part IV-B, in which Chief Justice Roberts and Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined. Justices Sotomayor, Kagan and Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

• Opinion analysis: Justices throw out most claims against federal officials in post-September 11 case (Amy Howe)
• Argument analysis: Six-justice court sympathetic to government in detainee case (Amy Howe)
• Argument preview: Short-handed court to hear arguments in September 11 detainee case (Amy Howe)
• Court adds three hours of oral argument to its merits docket (Amy Howe)
• Petitions of the day (Kate Howard)