WASHINGTON — Abdullah al-Kidd was arrested at a Dulles Airport ticket counter in March 2003, led away in handcuffs and sent to three different jails across the country. He says he was strip searched and subjected to humiliating conditions. After two weeks, he was released and never charged with a crime.

Al-Kidd, a U.S. citizen who is African-American and Muslim, later sued then-attorney general John Ashcroft and other officials for violating his rights. In a case now before the Supreme Court, he claims his arrest wrongly flowed from aggressive Justice Department policies after the Sept. 11, 2001, terrorist attacks.

The dispute tests when top officials can be held responsible for a policy that violates someone's rights. It is one of the lingering controversies surrounding Bush administration actions after 9/11, pitting national security concerns against civil liberties.

"It's one of the more visible cases this term," says University of Pennsylvania law professor Stephanos Bibas, who has written a "friend of the court" brief on behalf of legal history and criminal procedure professors. Their brief sides with al-Kidd and urges the justices to look deeply at the rights of detained witnesses through the centuries.