Court of Appeals Rejects Jose Padilla's Unlawful Detention Suit

By:  Joe Wolverton, II
01/27/2012
       
Court of Appeals Rejects Jose Padilla's Unlawful Detention Suit

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia upheld the dismissal of the complaint filed by José Padilla, an American citizen and convicted terrorist.
 

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia upheld the dismissal of the complaint filed by José Padilla (photo), an American citizen and convicted terrorist.

In his suit, Padilla claimed that, as a U.S. citizen captured within the United States, he was unconstitutionally designated as an "enemy combatant," and alleged a range of constitutional violations arising from his detention at a military prison in South Carolina. 
 
Additionally, Padilla said that he was denied access to legal counsel in contravention of his civil rights as guaranteed by the First, Fifth, and Sixth Amendments to the U.S. Constitution.
 
Padilla also asserted that he was denied access to the courts in violation of his constitutional rights as set out in Article III, the First Amendment, the Fifth Amendment, and that the government of the United States refused to permit his writ of habeas corpus in violation of the the Habeas Corpus Suspension Clause of Article I.
 
Further allegations made in Padilla’s amended complaint included being confined in conditions that were “cruel and unusual;” being tortured during interrogations; and being denied his right to freely exercise the religion of his choice, among other similar claims of actionable deprivation of constitutionally-protected civil rights.

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