1/BREAKING NEWS: In 2016, attorney #StephenGill, legal advisor pro tempore for Al-Nashiri military commission, was arrested at home in MA, flown to VA & detained overnight to testify as witness in GITMO proceeding.
Today, Fed District Judge in MA ruled USGOVT may be liable.
Today, Fed District Judge in MA ruled USGOVT may be liable.
2/We filed lawsuit under Fed Tort Claims Act in 2018. DC Fed Court transferred case to MA. What military officers did in this case should shock the conscience of any reasonable person. And bc of that, our lawsuit survives.
thedailybeast.com/lawyer-arreste…
thedailybeast.com/lawyer-arreste…
3/Judge ruled we filed valid claims for unlawful trespass (for searching Gill's home) & intentional infliction of emotional distress (for using excessive force).
Approx 15 Marshals in full riot gear w/assault rifles & hand-guns drawn & pointed at him despite no threat of danger.
Approx 15 Marshals in full riot gear w/assault rifles & hand-guns drawn & pointed at him despite no threat of danger.
4/Court wrote: "Gill was allegedly shackled by force, handcuffed and transported to the Alexandria County Detention Center, where he was detained overnight with little food or water. Such conduct plausibly violates the Fourth Amendment as constituting excessive force..."
5/It was also stated that "amended complaint permits the reasonable inference that the arrest described therein and the events which took place thereafter involved extreme and outrageous conduct."
END/This is a rare battle victory against USGOVT involving usually protected military & law enforcement activity. Such conduct never should have been allowed to happen & needs to be prevented again. GITMO proceedings remain fundamentally flawed.
#RuleOfLaw
#RuleOfLaw
I understand the link expired. If anyone is interested in a copy of the decision, please e-mail me at mark@markzaid.com.
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