Federal Judge Dismisses Military Commissions Defendant's 8th Amendment Claim

Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia has dismissed claims from a military commissions defendant alleging that he has been denied satisfactory medical care at Guantanamo Bay. The defendant, known as Abdul Hadi al Iraqi, had filed a motion to dismiss the case on multiple grounds, including alleged 8th amendment violations. Sullivan argued that al Iraqi's "allegations do not state a cognizable claim for deliberate indifference on the part of the Guantanamo medical officers." Instead, Sullivan wrote, "the allegations show that his condition has been evaluated, monitored, and treated throughout his detention." The opinion holds that the D.C. District will not adjudicate the remaining claims underlying al Iraqi's motion to dismiss until the conclusion of his military commissions trial. The opinion can be found here.