Supreme Court Watch: High court throws out lawsuit against Ashcroft; Man claimed his 16-day detention violated his 4th Amendment rights

By Mark Sherman Associated Press WASHINGTON (AP) -- The Supreme Court ruled Tuesday that former Attorney General John Ashcroft cannot be personally sued over his role in the post-9/11 arrest of an American Muslim who was never charged with a crime. By a 5-3 vote, the court said Ashcroft did not violate the constitutional rights of Abdullah al-Kidd, who was arrested in 2003 under a federal law intended to make sure witnesses testify in criminal proceedings. Al-Kidd claimed in a federal lawsuit that the arrest and detention violated the Fourth Amendment's prohibition on unreasonable searches and seizures. But even the justices who disagreed about the constitutional issue agreed that Ashcroft could not be personally sued for his role in al-Kidd's arrest. The court reversed a federal appeals court ruling that denied Ashcroft immunity from liability in this case. Supreme Court rulings allow high-ranking officials to be held liable but set a high bar: An official must be tied directly to a violation of constitutional rights and must have clearly understood the action crossed that line. Even with Tuesday's ruling, al-Kidd still has claims pending against the FBI agents who obtained the material witness warrant used to arrest him. Al-Kidd is a former University of Idaho football star who now teaches English to college students in Saudi Arabia. He was headed to Saudi Arabia on a scholarship in 2003 when federal agents arrested him at Dulles International Airport. The sworn statement the FBI submitted to justify the warrant had important errors and omissions. The $5,000 one-way, first-class seat that the agents said al-Kidd purchased was, in reality, a coach-class, round-trip ticket. The statement neglected to mention that al-Kidd had been cooperative or that he was a U.S. citizen with a wife and children who also were American. Published: Wed, Jun 1, 2011