Throwing Out Mr. Iqbal’s Case

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The Supreme Court this week continued its disturbing campaign of closing the courthouse door to people who allege unfair treatment. This time, its target was Javaid Iqbal, one of many Muslim men rounded up and detained after Sept. 11, 2001.

Mr. Iqbal, a Muslim and a Pakistani citizen, was arrested soon after the attacks on immigration charges. He argued that the F.B.I. designated him of “high interest” and held him in maximum-security conditions — where he said he was abused by the prison staff — based on his religion and national origin.

After pleading guilty and being deported, Mr. Iqbal sued John Ashcroft, the attorney general, and Robert S. Mueller III, the F.B.I. director, alleging that their policies were responsible for his treatment. The government argued that Mr. Iqbal’s complaint did not have enough detail linking Mr. Ashcroft and Mr. Mueller to the offensive actions, but the United States Court of Appeals for the Second Circuit in New York ruled that it did.

On Monday the Supreme Court reversed that ruling in a 5-to-4 vote. In an opinion by Justice Anthony Kennedy, the court said Mr. Iqbal failed to sufficiently back up his claims and threw out his suit, though he could possibly file it again, rather than letting it proceed so he could gather more evidence.

http://www.nytimes.com/2009/05/20/opinion/20weds3.html?th&emc=th