Salim v. Mitchell – Lawsuit Against Psychologists Behind CIA Torture Program
What's at Stake
The ACLU filed a lawsuit against James Elmer Mitchell and John “Bruce” Jessen, two psychologists contracted by the CIA to design, implement, and oversee the agency’s post-9/11 torture program. The suit, filed in October 2015 in the U.S. District Court for the Eastern District of Washington, was on behalf of three of the program’s victims. All three were kidnapped by the CIA, and tortured and experimented upon according to Mitchell and Jessen’s protocols. One of the men died as a result of his torture. The other two continue to suffer the effects of the physical and psychological torture inflicted on them. In August 2017, after the judge rejected attempts to dismiss the case and a trial was imminent, the psychologists agreed to a settlement — a first for a case involving CIA torture.
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Summary
As detailed in the Senate torture report summary and other government documents, Mitchell and Jessen played a key role in convincing the CIA to adopt torture as a matter of policy when President Bush authorized it to establish a detention and interrogation program.
Drawing on their experience as psychologists and relying on experiments conducted on dogs in the 1960s, Mitchell and Jessen proposed that CIA prisoners should be psychologically destroyed through the infliction of severe mental and physical pain and suffering. They theorized that inducing a state of “learned helplessness” in captives would eradicate any resistance they might have to interrogation. This theory had never been – and could not legally or ethically be – tested, and their program involved not only torturing prisoners but experimenting on them in violation of the international ban on non-consensual human experimentation.
The CIA adopted Mitchell and Jessen’s proposals, and in August 2002, the agency secured Justice Department authorization in two of the infamous “torture memos” for the use of the psychologists’ cruelest methods. The so-called “enhanced interrogation techniques” that the Justice Department approved were specifically designed by Mitchell and Jessen to induce learned helplessness in the first prisoner in the CIA program, Abu Zubaydah. Abu Zubaydah’s torture, which Mitchell and Jessen personally conducted, served as a model for the torture of other prisoners captured and detained by the CIA.
The CIA paid the two men and the company they later formed tens of millions of dollars over the next eight years to implement and refine the resulting program. Mitchell and Jessen designed the abusive procedures, conditions, and cruel treatment imposed on captives during their rendition and subsequent detention, devised the torture instruments and protocols, personally tortured detainees, and trained CIA personnel in administering torture techniques. In a clear conflict of interest later acknowledged by the CIA, the two men were also tasked with evaluating the “effectiveness” of the program from which they reaped enormous profits.
The plaintiffs in the case are Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the estate of the late Gul Rahman, who died as a result of his torture. They are three of 119 victims and survivors of the CIA program named in the Senate torture report. All three were experimented on and tortured in accordance with Mitchell and Jessen’s specifications. All were subjected to severe physical and psychological abuse including prolonged sleep deprivation and nudity, starvation, beating, water dousing, and extreme forms of sensory deprivation – methodically administered with the aim of psychologically breaking their will.
The plaintiffs are suing Mitchell and Jessen under the Alien Tort Statute for their commission of torture; cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes.
Legal Documents
- 08/17/2017
Judgment - 08/10/2017
Declaration of Dror Ladin - 08/10/2017
Exhibit A - 08/10/2017
Exhibit B
- 08/10/2017
- 08/10/2017
Declaration of Jeffrey N. Rosenthal - 08/10/2017
Exhibit A
- 08/10/2017
- 08/08/2017
Plaintiffs' Proposed Jury Instructions - 08/08/2017
Defendants' Proposed Jury Instructions - 08/02/2017
Plaintiffs' Motions in Limine - 08/02/2017
Declaration of Christopher Tompkins - 08/02/2017
Exhibits
- 08/02/2017
- 08/02/2017
Proposed Order
- 08/02/2017
- 08/02/2017
Exhibit 1 - 08/02/2017
Exhibit 2 - 08/02/2017
Exhibit 3 - 08/02/2017
Proposed Order
- 08/02/2017
- 08/01/2017
Plaintiffs' Exhibit List - 08/01/2017
Defendants' Trial Exhibit List - 07/28/2017
Declaration of Ariel S. Glasner - 07/28/2017
Exhibit 1 - 07/28/2017
Exhibit 2 - 07/28/2017
Exhibit 3
- 07/28/2017
- 07/28/2017
Declaration of Kate E. Janukowicz - 07/28/2017
Exhibit A - 07/28/2017
Exhibit B - 07/28/2017
Exhibit C - 07/28/2017
Exhibit D - 07/28/2017
Exhibit E - 07/28/2017
Exhibit F - 07/28/2017
Exhibit G - 07/28/2017
Exhibit H - 07/28/2017
Exhibit I - 07/28/2017
Exhibit J - 07/28/2017
Declaration of Dr. Sondra Crosby - 07/28/2017
Exhibit 1
- 07/28/2017
- 07/14/2017
Proposed Order - 07/14/2017
Declaration of Kate Janukowicz - 07/14/2017
Exhibit A - 07/14/2017
Exhibit B - 07/14/2017
Exhibit C
- 07/14/2017
- 07/10/2017
Declaration of Lawrence Lustberg - 07/10/2017
Exhibit A - 07/10/2017
Exhibit B - 07/10/2017
Declaration of Senator Ron Wyden
- 07/10/2017
- 06/26/2017
Declaration of Daniel J. McGrady - 06/26/2017
Plaintiffs' Reply to Defendants' Response to Plaintiffs' Statement of Undisputed Material Facts - 06/26/2017
Declaration of Jeffrey N. Rosenthal in Support of Defendants' Motion for Summary Judgment - 06/26/2017
Defendants' Motion to Exclude - 06/12/2017
Exhibit A - 06/12/2017
Exhibit B - 06/12/2017
Exhibit C - 06/12/2017
Exhibit D - 06/12/2017
Exhibit E - 06/12/2017
Exhibit F - 06/12/2017
Exhibit G - 06/12/2017
Exhibit H - 06/12/2017
Exhibit I - 06/12/2017
Exhibit J - 06/12/2017
Exhibit K - 06/12/2017
Exhibit L - 06/12/2017
Exhibit M - 06/12/2017
Exhibit N - 06/12/2017
Exhibit O - 06/12/2017
Exhibit P - 06/12/2017
Exhibit Q - 06/12/2017
Exhibit R - 06/12/2017
Exhibit S - 06/12/2017
Exhibit T - 06/12/2017
Exhibit U - 06/12/2017
Exhibit V - 06/12/2017
Exhibit W - 06/12/2017
Exhibit X - 06/12/2017
Exhibit Y - 06/12/2017
Exhibit Z - 06/12/2017
Exhibit AA - 06/12/2017
Exhibit BB
- 06/12/2017
- 06/12/2017
Declaration of Brian Paszamant
- 06/12/2017
- 05/31/2017
Order Re: Motion to Take Judicial Notice - 05/22/2017
Proposed Order
- 05/22/2017
- 05/22/2017
Declaration of Mohamed Ahmed Ben Soud - 05/22/2017
Declaration of Suleiman Abdullah Salim - 05/22/2017
Declaration of Dror Ladin - 05/22/2017
Exhibit A - 05/22/2017
Exhibit B - 05/22/2017
Exhibit C - 05/22/2017
Exhibit D - 05/22/2017
Exhibit E - 05/22/2017
Exhibit F - 05/22/2017
Exhibit G - 05/22/2017
Exhibit H - 05/22/2017
Exhibit I - 05/22/2017
Exhibit J - 05/22/2017
Exhibit K - 05/22/2017
Exhibit L - 05/22/2017
Exhibit M - 05/22/2017
Exhibit N - 05/22/2017
Exhibit O - 05/22/2017
Exhibit P - 05/22/2017
Exhibit Q - 05/22/2017
Exhibit R - 05/22/2017
Exhibit S - 05/22/2017
Exhibit T - 05/22/2017
Exhibit U - 05/22/2017
Exhibit V - 05/22/2017
Exhibit W - 05/22/2017
Exhibit X - 05/22/2017
Exhibit Y - 05/22/2017
Exhibit Z - 05/22/2017
Exhibit AA - 05/22/2017
Exhibit BB - 05/22/2017
Exhibit CC - 05/22/2017
Exhibit DD - 05/22/2017
Exhibit EE - 05/22/2017
Exhibit FF - 05/22/2017
Exhibit GG - 05/22/2017
Exhibit HH - 05/22/2017
Exhibit II - 05/22/2017
Exhibit JJ - 05/22/2017
Exhibit KK - 05/22/2017
Exhibit LL - 05/22/2017
Exhibit MM - 05/22/2017
Exhibit NN - 05/22/2017
Exhibit OO - 05/22/2017
Exhibit PP - 05/22/2017
Exhibit QQ - 05/22/2017
Exhibit RR - 05/22/2017
Exhibit SS - 05/22/2017
Exhibit TT - 05/22/2017
Exhibit UU - 05/22/2017
Exhibit VV - 05/22/2017
Exhibit WW - 05/22/2017
Exhibit XX - 05/22/2017
Exhibit YY - 05/22/2017
Exhibit ZZ - 05/22/2017
Exhibit AAA - 05/22/2017
Exhibit BBB
- 05/22/2017
- 05/22/2017
Defendants' Motion for Summary Judgment - 05/22/2017
Proposed Order
- 05/22/2017
- 05/22/2017
Defendants' Statement of Undisputed Facts - 05/22/2017
Declaration of John "Bruce" Jessen - 05/22/2017
Exhibit 1
- 05/22/2017
- 05/22/2017
Declaration of James Elmer Mitchell - 05/22/2017
Exhibit 1
- 05/22/2017
- 05/22/2017
Declaration of Julian Ku - 05/22/2017
Declaration of John Rizzo - 05/22/2017
Exhibit A - 05/22/2017
Exhibit B - 05/22/2017
Exhibit C - 05/22/2017
Exhibit D - 05/22/2017
Exhibit E - 05/22/2017
Exhibit F - 05/22/2017
Exhibit G - 05/22/2017
Exhibit H - 05/22/2017
Exhibit I - 05/22/2017
Exhibit J - 05/22/2017
Exhibit K - 05/22/2017
Exhibit L - 05/22/2017
Exhibit M - 05/22/2017
Exhibit N - 05/22/2017
Exhibit O - 05/22/2017
Exhibit P - 05/22/2017
Exhibit Q - 05/22/2017
Exhibit R - 05/22/2017
Exhibit S - 05/22/2017
Exhibit T - 05/22/2017
Exhibit U - 05/22/2017
Exhibit V
- 05/22/2017
- 05/22/2017
Declaration of Jose Rodriguez - 05/22/2017
Exhibit A - 05/22/2017
Exhibit B - 05/22/2017
Exhibit C - 05/22/2017
Exhibit D - 05/22/2017
Exhibit E - 05/22/2017
Exhibit F - 05/22/2017
Exhibit G - 05/22/2017
Exhibit H - 05/22/2017
Exhibit I - 05/22/2017
Exhibit J - 05/22/2017
Exhibit K - 05/22/2017
Exhibit L - 05/22/2017
Exhibit M - 05/22/2017
Exhibit N - 05/22/2017
Exhibit O - 05/22/2017
Exhibit P - 05/22/2017
Exhibit Q
- 05/22/2017
- 05/22/2017
Declaration of Christopher W. Tompkins - 05/22/2017
Exhibit 1 - 05/22/2017
Exhibit 2 - 05/22/2017
Exhibit 3 - 05/22/2017
Exhibit 4 - 05/22/2017
Exhibit 5 - 05/22/2017
Exhibit 6 - 05/22/2017
Exhibit 7 - 05/22/2017
Exhibit 8 - 05/22/2017
Exhibit 9 - 05/22/2017
Exhibit 10 - 05/22/2017
Exhibit 11 - 05/22/2017
Exhibit 12 - 05/22/2017
Exhibit 13 - 05/22/2017
Exhibit 14 - 05/22/2017
Exhibit 15 - 05/22/2017
Exhibit 16 - 05/22/2017
Exhibit 17 - 05/22/2017
Exhibit 18 - 05/22/2017
Exhibit 19 - 05/22/2017
Exhibit 20 - 05/22/2017
Exhibit 21 - 05/22/2017
Exhibit 22 - 05/22/2017
Exhibit 23 - 05/22/2017
Exhibit 24 - 05/22/2017
Exhibit 25 - 05/22/2017
Exhibit 26 - 05/22/2017
Exhibit 27 - 05/22/2017
Exhibit 28 - 05/22/2017
Exhibit 29 - 05/22/2017
Exhibit 30 - 05/22/2017
Exhibit 31 - 05/22/2017
Exhibit 32 - 05/22/2017
Exhibit 33 - 05/22/2017
Exhibit 34 - 05/22/2017
Exhibit 35 - 05/22/2017
Exhibit 36 - 05/22/2017
Exhibit 37 - 05/22/2017
Exhibit 38 - 05/22/2017
Exhibit 39 - 05/22/2017
Exhibit 40 - 05/22/2017
Exhibit 41 - 05/22/2017
Exhibit 42 - 05/22/2017
Exhibit 43 - 05/22/2017
Exhibit 44 - 05/22/2017
Exhibit 45 - 05/22/2017
Exhibit 46 - 05/22/2017
Exhibit 47 - 05/22/2017
Exhibit 48 - 05/22/2017
Exhibit 49 - 05/22/2017
Exhibit 50 - 05/22/2017
Exhibit 51 - 05/22/2017
Exhibit 52 - 05/22/2017
Exhibit 53 - 05/22/2017
Exhibit 54 - 05/22/2017
Exhibit 55 - 05/22/2017
Exhibit 56 - 05/22/2017
Exhibit 57 - 05/22/2017
Exhibit 58 - 05/22/2017
Exhibit 59 - 05/22/2017
Exhibit 60 - 05/22/2017
Exhibit 61 - 05/22/2017
Exhibit 62 - 05/22/2017
Exhibit 63 - 05/22/2017
Exhibit 64 - 05/22/2017
Exhibit 65 - 05/22/2017
Exhibit 66 - 05/22/2017
Exhibit 67 - 05/22/2017
Exhibit 68 - 05/22/2017
Exhibit 69 - 05/22/2017
Exhibit 70 - 05/22/2017
Exhibit 71 - 05/22/2017
Exhibit 72 - 05/22/2017
Exhibit 73 - 05/22/2017
Exhibit 74 - 05/22/2017
Exhibit 75 - 05/22/2017
Exhibit 76 - 05/22/2017
Exhibit 77 - 05/22/2017
Exhibit 78 - 05/22/2017
Exhibit 79
- 05/22/2017
- 05/22/2017
Defendants' Motion to Take Judicial Notice - 05/22/2017
Proposed Order - 05/22/2017
Declaration of Brian S. Paszamant
- 05/22/2017
- 03/14/2017
Joint Motion to Extend Deadlines - 03/14/2017
Proposed Order
- 03/14/2017
- 02/28/2017
Order Re: Fourth Motion to Compel - 02/16/2017
Order Re: Motion to Expedite - 02/09/2017
Order Granting Motion to Extend Deadlines - 02/02/2017
Declaration of Brian Paszamant - 02/02/2017
Exhibit A
- 02/02/2017
- 02/02/2017
Order Granting Motion to Expedite - 01/31/2017
Declaration of Lawrence Lustberg - 01/31/2017
Exhibit 1 - 01/31/2017
Declaration of Hina Shamsi - 01/31/2017
Proposed Order
- 01/31/2017
- 01/27/2017
Order Denying Motion to Dismiss - 12/29/2016
Plaintiffs' Amended Witness List - 12/13/2016
Defendants' Witness List - 11/30/2016
Declaration of Jan Pederson - 11/30/2016
Declaration of Steven Watt
- 11/30/2016
- 11/23/2016
Order Re Motion to Compel - 11/21/2016
Witness List and Expert Disclosure - 11/18/2016
Defendants' Motion to Dismiss - 11/18/2016
Proposed Order
- 11/18/2016
- 11/16/2016
Proposed Order
- 11/16/2016
- 11/08/2016
Order Re: Motion to Reconsider - 11/02/2016
Order Re: Motion to Expedite - 10/20/2016
Order Setting Document Production Deadline - 10/18/2016
Defendants' Reply in Support of Motion for a Protective Order Re: Manuscript and Manuscript Drafts - 10/17/2016
Statement by the United States Addressing Proposed Deadline for Document Production by the CIA - 10/11/2016
Status Report Addressing Document Production - 10/04/2016
Order Re Motion for Protective Order - 06/21/2016
Defendants' Answer - 07/08/2016
Scheduling Order - 05/23/2016
Stipulation Re Discovery - 04/08/2016
US Statement of Interest - 02/11/2016
Declaration of Dror Ladin
- 02/11/2016
- 10/13/2015
Complaint
Press Releases
Court Rejects CIA Torture Psychologists’ Final Bid to Avoid Standing Trial
Court Rules Former Top CIA Officials Must Be Deposed in Torture Psychologists Lawsuit
Court Rules ACLU Lawsuit Against CIA Torture Psychologists Can Proceed
ACLU Sues Psychologists Who Designed and Ran CIA Torture Program