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GOOD NEWS: Mich. District Court Rules that CAIR’s Case Challenging Elhady Freezing Detention at Ambassador Bridge May Go to Trial

GOOD NEWS: Mich. District Court Rules that CAIR’s Case Challenging Elhady Freezing Detention at Ambassador Bridge May Go to Trial

(WASHINGTON, DC, 2/10/2020) –  The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed the U.S. District Court for the Eastern District of Michigan’s denial of summary judgment in a lawsuit CAIR brought on behalf of Anas Elhady against U.S. government officials.

Anas Elhady is a U.S. citizen who was detained in 2015 in freezing conditions at the Ambassador Bridge for several hours until he passed out and required hospitalization.

As the court explained: “Elhady has presented enough evidence that a reasonable jury could find that he was placed in a cell at freezing or near-freezing temperatures for at least four hours, and that such treatment constitutes a violation of his right to be free from exposure to severe weather and temperatures.” “[T]he right to be free from exposure to severe weather and temperatures,” the court noted, has been “clearly established.”

The court dismissed some officials from the case who the court found insufficiently connected to Elhady’s detention to be liable for its effects. But the court specifically refused to dismiss defendant Blake Bradley, a CBP officer who was “too involved in Elhady’s confinement to” disclaim responsibility.

SEE:  Court Order

https://www.cair.com/wp-content/uploads/2020/02/Elhady-MSJ-Decision.pdf

CAIR National Litigation Director Lena Masri stated:

“American Muslims have been consistently profiled and stopped at the border because of the illegal and unconstitutional so-called terrorism watchlist. The result is that innocent Muslim travelers are treated to brutal, unconscionable and unconstitutional conditions. This must end now.” 

CAIR Trial Attorney Justin Sadowsky said: 

“No one should be treated to the conditions that the U.S. government subjected Elhady to in 2015. The Constitution guarantees that when the United States detains someone, the government has to treat that person humanely. But here, Elhady was not convicted or even accused of a crime. This shows what can happen to any citizen who the government decides is an enemy, for any reason or none at all.”

CAIR’s mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.

La misión de CAIR es mejorar la comprensión del Islam, proteger las libertades civiles, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.

END

CONTACT: CAIR National Litigation Director Lena Masri, 202-642-4934, lmasri@cair.com; CAIR Senior Litigation Attorney Gadeir Abbas, 720-251-0425, gabbas@cair.com; CAIR Trial Attorney Justin Sadowsky, 202-752-6440, jsadowsky@cair.com.

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