The 6 imams case survives a motion to dismiss.

In a decision by U.S. District Judge Ann Montgomery:

According to a police report, the men were arrested because three had one-way tickets and no checked baggage; most had requested seat belt extensions; a passenger reported that they had prayed "very loudly" before the flight and criticized U.S. involvement with Iraqi dictator Saddam Hussein, and they were seated widely throughout the aircraft.

Montgomery said it is "dubious" that a reasonable person would conclude from those facts that the imams were about to interfere with the crew or aircraft. She said the plaintiffs had stated a plausible claim that MAC officers violated their constitutional rights...

Montgomery, considering the evidence in the light most favorable to the plaintiffs, said the facts they alleged "support the existence of an unconstitutional custom of arresting individuals without probable cause based on their race."

Power Line reacts:

However disappointing Judge Montgomery's order, I think it is good that we will learn the facts behind plaintiffs' lawsuit. The highly capable lawyer representing the Metropolitan Airports Commission is my friend and former law partner Tim Schupp; he will leave no stone unturned on behalf of the MAC. I think it is safe to say that the case of the flying imams one in which the truth should be known, and in which the truth will set us free.

Yes, let's get to the factfinding. No need to throw this out on a motion to dismiss when the plaintiff's version of the facts must be taken as true.