Padilla v. Yoo

Jose Padilla has filed a civil suit against UC Berkeley law professor John Yoo, the so-called architect of the Bush administration’s “war on terror,” in federal court in San Francisco, California. Opinio Juris has a thoughtful commentary by Duncan Hollis about the case.  The complaint is here. The suit alleges that Yoo’s legal opinions and personal involvement in issues ranging from Padilla being designated an enemy combatant to his detention and interrogation violated Padilla’s constitutional and statutory rights (e.g., denying him access to counsel and courts; unconstitutionally confining and interrogating him; denying his freedom of religion, association, and right to due process).

Interestingly, the complaint seeks only nominal damages of $1 (along with attorney’s fees) and a declaration that the acts challenged violate the U.S. Constitution and laws of the United States.

UPDATE  The Wall Street Journal ran a toughly worded editorial on the lawsuit, including the claim that the National Litigation Project at the Lowenstein International Human Rights Clinic at Yale Law School is behind the suit.

KJ