Turkmen v. Ashcroft

2006 WL 1662663 (2006)

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Turkmen v. Ashcroft

United States District Court for the Eastern District of New York
2006 WL 1662663 (2006)

  • Written by Christopher Bova, JD

Facts

Shakir Baloch and seven other men of Middle Eastern and Indian origin (plaintiffs) were detained on immigration charges in the aftermath of the September 11 terrorist attacks. Baloch was not provided with Miranda warnings when arrested and was physically abused when he was taken to prison. He did not receive counsel until six weeks after his arrival, and when he did gain access to a Legal Aid attorney their conversations were recorded. Baloch's family and Canadian consulate officials were falsely told that he was not at the prison. While in prison, guards and their superiors continued to physically abuse him and verbally harass him for being Muslim, interrupted his prayers, and refused him Halal meat and basic hygienic supplies. Six months after his deportation order was reinstated, Baloch was placed on airplane to Toronto without any of his possessions. The seven other named plaintiffs suffered similar treatment. They joined in a class action with other similar situated people and sued the prison supervisors, wardens, the commissioner of the INS, the director of the FBI, and the Attorney General (defendants) for violating their constitutional rights under the First, Fourth, Fifth, and Sixth Amendments. The defendants moved to dismiss all claims.

Rule of Law

Issue

Holding and Reasoning (Gleeson, J.)

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