Argueta v. U.S. Immigration and Customs Enforcement (ICE)

Argueta v. U.S. Immigration and Customs Enforcement (ICE)

As part of Public Justice’s Iqbal Project, we filed an amicus brief in this Third Circuit appeal, which involves the standard for holding a government supervisor liable when the supervisor’s subordinate has violated the Constitution.

The Supreme Court’s Iqbal decision addressed this issue to a limited extent, but some defendants (like ICE in this case) read Iqbal very broadly as having almost eliminated “supervisory liability” altogether.  Our brief argues that ICE has mis-interpreted Iqbal; that the Third Circuit’s pre-Iqbal standards for supervisory liability still apply (as many courts have held); that ICE’s extreme view, if accepted, would prevent victims of unconstitutional misconduct from obtaining a full remedy; and that the government’s view in this case is contrary to the approach it has taken in many other contexts, when it has recognized the importance of supervisors’ role and their responsibility in ensuring compliance with the Constitution.

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