In a 2 to 1 decision, the court ruled that the lawsuit filed by Donald Vance and Nathan Ertel, two American citizens who were allegedly tortured at a U.S. military prison in Iraq in 2006, provided adequate evidence that Rumsfeld was personally responsible for their treatment and that Rumsfeld was not entitled to qualified immunity.
"If the plaintiffs’ allegations are true, two young American civilians were trying to do the right thing by becoming whistleblowers to the U.S. government, but found themselves detained in prison and tortured by their own government, without notice to their families and with no sign of when the harsh physical and psychological abuse would end," they wrote their decision (PDF).
The court did not address the factual allegations made by Vance and Ertel, only the validity of their lawsuit. The former Bush
and current Obama administration have tried to have the case dismissed.
http://www.rawstory.com/rs/2011/08/08/appeals-court-rules-rumsfeld-can-be-held-liable-for-torture-of-u-s-civilians-in-iraq/