Appeals court: Canadian man mistaken for terrorist, detained after 9/11 attacks cannot sue US

By Larry Neumeister, AP
Monday, November 2, 2009

Appeals court: Detained Canadian cannot sue in US

NEW YORK — A federal appeals court says a Canadian engineer cannot sue the United States after being mistaken for a terrorist when he was changing planes in New York a year after the Sept. 11 attacks.

The 2nd U.S. Circuit Court of Appeals made the ruling Monday regarding the case by Maher Arar (MAH’-hur uh-RAHR’) of Ottawa. The Syrian-born man was detained in September 2002 as he tried to switch planes at John F. Kennedy International Airport.

Days later, he was sent by private jet to Syria, where Canadian officials allege he was tortured. After nearly a year in a Syrian prison, he was released without charges and returned to Canada.

The Center for Constitutional Rights, which represented Arar, says its lawyers have not seen the ruling and could not immediately comment.

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