Judges rule a lawsuit against John Ashcroft can go forward

By Jeff Small

KSDK -- Despite attempts to get immunity from a lawsuit, former U.S Attorney General John Ashcroft is getting sued. An appeals court said Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11.

John Ashcroft was U.S. Attorney General at the time Abdullah Al-Kidd, a U.S. Citizen, claimed his civil rights were violated when he was detained after the September 11 terrorist attacks. In a strongly worded ruling handed down Friday, federal judges found Abdullah Al-Kidd can go forward with a civil lawsuit against Ashcroft for allegedly violating his Constitutional rights.

"Ashcroft can personally get sued for damages which means he may have to pay the plaintiff here damages for the injuries he caused him," said St. Louis University Associate Law Professor Marsha McCormick.

A three-judge panel said the government's improper use of material witnesses after September 11 was "repugnant to the constitution and a painful reminder of some of the most ignominious chapters of our national history."

Experts said it's anyone's guess what the end result of the Ashcroft lawsuit will be. A few things could happen next. The Department of Justice may ask the full 9th U.S Circuit Court of Appeals to reconsider the court's decision or it may appeal to the U.S. Supreme Court.

The ACLU is representing the plaintiff in the Ashcroft Lawsuit. NewsChannel 5 made numerous attempts to reach Ashcroft but our calls were not returned.