Allison Sirica, The New Federal Pleading Standard: Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)

62 Fla. L. Rev. 547 (2010) |   |   |   |

CASE COMMENT :: In the wake of the September 11, 2001 terrorist attacks, Javaid Iqbal, a Muslim citizen of Pakistan, was arrested and detained in a maximum security prison in the United States as a person of “high interest.” As a detainee, Iqbal alleged he was subjected to severe physical and verbal abuse, unnecessary and abusive strip and body-cavity searches, extended detention in solitary confinement, and interference with his ability to communicate with his counsel and to pray. Iqbal further claimed that he, like thousands of other Arab Muslims, was subjected to these harsh conditions solely because of his race, religion, or national origin and that his continued detention stemmed from a discriminatory policy created by high-level federal officials. As a result, Iqbal filed a claim in federal district court against numerous federal officials including John Ashcroft, former United States Attorney General, and Robert Mueller, Director of the Federal Bureau of Investigation, alleging he was deprived of various constitutional protections.

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