ACLU appeals decision over man's alleged torture

CHARLESTON, SC - The American Civil Liberties Union has appealed a decision to throw out the lawsuit of a man who was convicted of plotting terrorism and claimed he was tortured at a Navy brig in South Carolina.

A federal judge dismissed Jose Padilla's lawsuit in February, ruling he had no right to sue for constitutional violations.

Padilla was arrested in 2002 on suspicion of plotting to set off a radioactive "dirty bomb." He is appealing a 17-year sentence for sending support to Islamic extremist groups.

Padilla claimed he was illegally detained as an enemy combatant and then held in a brig and tortured. Defendants in the lawsuit included Defense Secretary Robert Gates and former Defense Secretary Donald Rumsfeld.

The appeal was filed Tuesday with the 4th U.S. Circuit Court of Appeals.

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