The plaintiffs initiated the lawsuit in 2002 on behalf of Arab and Muslim aliens who were held on immigration violations following the Sept. 11 terror attacks and subjected to abuse, mistreatment and lengthy detentions.
The abuse included beatings, strip searches and sleep deprivation. The allegations have been substantiated by two reports by the Office of the Inspector General.
Five of the men settled with the government in November. A sixth plaintiff withdrew his claims several years ago.
Rachel Meeropol of the Center for Constitutional Rights served as lead counsel for the plaintiffs. She called Friday’s ruling a “mixed bag.”
“By dismissing [the equal protection] claim, the circuit has endorsed using religion and ethnicity as a proxy for suspicion of terrorist activity. That’s the part of the decision we’re disappointed in,” Meeropol said.
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