Doe v. Rumsfeld, et al., No. 11-5209 (D.C. Cir. 2012)Annotate this Case
Appellee, a government contractor, underwent military detention in Iraq. After his release, he filed this action in the district court alleging claims under the Detainee Treatment Act (DTA), 42 U.S.C. 2000dd et seq., and a Bivens action for violation of his due process rights. Secretary Rumsfeld moved to dismiss for failure to state a claim upon which relief could be granted. The district court granted the motion as to the claims under the DTA and some other claims, but did imply an action under the Bivens due process theory and denied Rumsfeld's motion to dismiss as to those claims. Secretary Rumsfeld appealed from the denial of his motion, arguing both that the claims were barred by qualified immunity and that the district court erred in implying such a cause of action in the first instance. The court agreed that the district court erred in implying such a cause of action and reversed the order.