lawyers twisting the law
- Appeals court rules against ex-detainees
Judges Reject Torture Lawsuit by British Detainees Once Held at
Here are some quotes that caught my eye:
"Criminal conduct is not per se outside the scope of employment," a
requirement for bringing a claim under the Alien Tort Statute, said
the decision by appeals judge Karen LeCraft Henderson, an appointee of
President Bush's father.
The four men challenge the methods Rumsfeld and the military officers
used, but the former detainees don't allege that the defendants "acted
as rogue officials or employees who implemented a policy of torture
for reasons unrelated to the gathering of intelligence," the court said.
"Therefore, the alleged tortious conduct was incidental to the
defendants' legitimate employment duties," the ruling added.
"Because the plaintiffs are aliens and were located outside sovereign
United States territory at the time their alleged RFRA claim arose,
they do not fall with the definition of 'person,'" the court ruled.
The law provides that the "government shall not substantially burden a
person's exercise of religion."