Just because Mr. Ashcroft can be sued does not mean that he will be be sued. And if he is sued, there is no guarantee that a judge and/or jury will find in favor of the defendant. Or, in the case of a jury trial there is the possibility that the judge may say any jury’s ruling is biased and reverse it in either direction.

But it is a start.

The ruling is the result of an existing lawsuit against Ashcroft.  The lawsuit by Abdullah al-Kidd accuses Ashcroft of violating his constitutional rights when he was held for for 16 days without charge in 2003 (he was held as a witness, and was never accused of or charged with anything).  Ashcroft tried to get the lawsuit tossed, hence this ruling. al-Kidd’s lawsuit will now continue.