Court: Ashcroft can be sued by ex-detainee

SAN FRANCISCO, Sept. 5 (UPI) -- Former U.S. Attorney General John Ashcroft can be sued by a Muslim man wrongly held as a witness after the Sept. 11 terrorist attacks, a federal court ruled.

The plaintiff, Abdullah al-Kidd, a U.S. citizen who converted to Islam, was detained at Dulles International Airport in 2003 for 16 days.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 Friday that Ashcroft's status as attorney general did not give him absolute immunity from lawsuits, CNN reported. Ashcroft's lawyers argued he was functioning as a prosecutor, not an investigator.

"We disagree," the decision said. "Many tools and tactics available to prosecutors can serve either an investigatory or advocacy-related function."

The majority opinion condemned some government tactics, The Washington Post said. The opinion said some in the Bush administration argued U.S. citizens can be held while they are investigated for possible wrongdoing or to keep them from contact with other potential suspects.

"We find this to be repugnant," the opinion said.

Al-Kidd was required to surrender his passport after his release. He said his detention cost him his job, because he could no longer get a security clearance, and his marriage.