Former Yale Student Tased 7 Times by ICE Agents in Hartford Court Files $70 Million Claim

Saifullah Khan was at the Abraham A. Ribicoff Federal Building in Hartford in May when he was tased seven times by federal immigration agents.

Khan, a citizen of Afghanistan, has been in the United States since 2011, but his pathway to citizenship has since been derailed. Khan recalled in an interview with CT Insider leaving a sixth-floor courtroom, where he had been continuing his now 15-year-long attempt to become a legal citizen, when he was approached by seven or eight plain-clothes U.S. Immigration and Customs Enforcement agents. He said he attempted to run back into the courtroom when he was tased and taken into custody.

Khan spent time in multiple detention facilities, ultimately not being released until 21 days after the incident and three days after an immigration judge had ordered his release, according to his lawyer.

Khan is now going through the process of filing a federal lawsuit against ICE, citing both physical and psychological injuries sustained during his arrest and detainment, seeking $70 million in damages. {snip}

{snip}

But Khan and his lawyer may have a difficult road ahead of them. The doctrine of sovereign immunity, which holds that both federal and state governments cannot be sued without their consent and has roots in 13th century England, makes lawsuits like Khan’s burdensome at best, and though the U.S. Supreme Court has in the past created some exceptions, more recent rulings have all but closed the door on those special cases.

{snip}

The Department of Homeland Security, of which ICE is a branch, contends that Khan is in the U.S. illegally, also pointing to previous criminal charges, which led to Yale University expelling him in 2019 and his student visa being terminated. Khan was accused of sexual assault in two different situations, but was later acquitted. He filed a civil suit against Yale in 2019 in federal court over his expulsion, which is ongoing, as is a suit against the federal government over his stalled visa application.

{snip}

In the absence of any reliable remedy for Khan and others seeking to file a lawsuit against ICE in federal court, the Connecticut state legislature is considering a bill that would allow individuals like Khan to sue agents of any U.S. government – local, state or federal – state court. They are one of many legislatures across the country considering similar action this year.

{snip}