Turkmen v. Hasty: The Second Circuit Holds Highest Ranking Law Enforcement Officials Accountable for Post-9/11 Policies Infringing on Constitutional Rights

On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in part the order of the U.S. District Court for the District of New York. This order denied motions to dismiss due process and equal protection claims for damages against federal officials, a cause of action created by the U.S. Supreme Court in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (“Bivens”). The claims in Turkmen arose from the detainment and treatment of men perceived to be “Arab or Muslim” after 9/11. This Comment argues that the Second Circuit properly decided this case per the Bivens test without extending Bivens into a new context. This Comment also asserts that national security does not justify limitations on the constitutional obligations of federal officials toward those in their care. Last, this Comment argues that qualified immunity should be limited for Bivens claims regarding national security actions.