Volume 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Argued April 8, 2008
Submitted May 18, 2009
Filed September 4, 2009
Before: David R. Thompson, Carlos T. Bea, and
Milan D. Smith, Jr., Circuit Judges.
Opinion by Judge Milan D. Smith, Jr.
Partial Concurrence and Partial Dissent by Judge Bea
Robert M. Loeb and Matthew M. Collette, Department of Jus-
tice, Civil Division, Washington, D.C., for the defendant-
Lee Gelernt, Immigrants’ Rights Project, American Civil Lib-
erties Union, New York, New York, for the plaintiff-appellee.
Alison M. Tucher, Morrison & Foerster, San Francisco, Cali-
fornia, for amici curiae Former Federal Prosecutors.
Leo P. Cunningham and Lee-Anne Mulholland, Wilson Son-
sini Goodrich & Rosati, Palo Alto, California, for amici curiae
National Association of Criminal Defense Lawyers and
Human Rights Watch.
MILAN D. SMITH, JR., Circuit Judge:
According to the allegations of his first amended com-
plaint, Plaintiff-Appellee Abdullah al-Kidd (al-Kidd), a
United States citizen and a married man with two children,
was arrested at a Dulles International Airport ticket counter.
He was handcuffed, taken to the airport’s police substation,
and interrogated. Over the next sixteen days, he was confined
in high security cells lit twenty-four hours a day in Virginia,
Oklahoma, and then Idaho, during which he was strip
searched on multiple occasions. Each time he was transferred
to a different facility, al-Kidd was handcuffed and shackled
about his wrists, legs, and waist. He was eventually released
from custody by court order, on the conditions that he live
with his wife and in-laws in Nevada, limit his travel to
Nevada and three other states, surrender his travel documents,