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EDNY: Arabic men arrested off a JFK flight on suspicion of terrorism, held four hours, and released survive summary judgment on Bivens claim

By John Wesley Hall, Jr.

Summary judgment denied the government on a Bivens claim by Arab men detained for four hours after landing at JFK for alleged "terrorist surveillance" from ambiguous activity on an international flight. The government even argued that their race justified their detention. Farag v. United States, 2008 U.S. Dist. LEXIS 95331 (E.D. N.Y. November 24, 2008) (link via NYLJ): Although the question whether race or ethnicity may be used as one factor among others in evaluating reasonable suspicion or probable cause (outside of the identification scenario, and absent any compelling statistical evidence) remains unresolved by either the Supreme Court or the Second Circuit, there is a significant body of pre-9/11 precedent concluding that race is not indicative of criminal propensity...continue to full post

Full post as published by Fourth Amendment on November 27, 2008 (boomark / email).