Making Sense of Ali v. Federal Bureau of Prisons

In today's Supreme Court decision Ali v. Federal Bureau of Prisons, the Court affirmed lower court rulings that Ali couldn't sue the corrections officers because they were immune under the Federal Tort Claims Act. Ali claims that he had his koran and other items stolen from him during prisoner transfers. Of course, Ali made unsubstantiated claims that other Muslims were having their rights deprived as well. Orin Kerr notes that the decision turns on the interpretation of a poorly worded statute.

That may be the case, but the litigant is also making claims that have far reaching consequences. Ali was claiming that other Muslims are having their rights denied by federal corrections officers and claimed that his koran was taken from him during a prison transfer.

Interestingly, Justice Ginsberg was the swing vote. Justice Thomas wrote the majority opinion. As AP reports (a Fox pickup):

"Reports from all over the country have come in" on Muslims' religious property that "has been destroyed, confiscated, looted, lost, stolen or taken without cause," Ali said in the lawsuit he filed in federal court.

Ali is serving a sentence of 20 years to life in prison for committing first-degree murder in the District of Columbia.

The issue in the case was whether federal prison guards are immune from suit under the Federal Tort Claims Act.

The law blocks lawsuits against the government over goods detained by customs and excise officers or "any other law enforcement officer." Two lower federal courts said Ali cannot sue because prison officials are law enforcement officers.

Justice Clarence Thomas, writing for a majority that cut across ideological grounds, agreed with the lower courts. The law "forecloses lawsuits against the United States for the unlawful detention of property by 'any,' not just 'some,' law enforcement officers," Thomas said.

The majority lineup was: Thomas, Roberts, Alito, Scalia, and Ginsberg. Justice Kennedy wrote the dissent and was joined by Stevens, Souter, and Breyer.

Who exactly checked to see whether Ali's assertions are anything more than baseless accusations? He's attempting to lay the ground for future lawsuits against the federal government, and the Courts shot down his attempt. Don't worry though, there will be other attempts at lawfare.