Libya's Motion To Dismiss Denied Where Plaintiff's Were Removed From A Vessel To Be Used As Human Shields To Prevent American Air Attacks
SANDRA JEAN SIMPSON, and ALEXANDER J. SIMPSON, PersonalRepresentative for the Estate of DR. MOSTAFA KARIM Plaintiffs, v. THE SOCIALISTPEOPLE'S LIBYAN ARAB JAMAHIRIYA, Defendant.
Civil Action No. 00-1722 (RMU), Document No.: 45
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
2005 U.S. Dist. LEXIS 3292
March 7, 2005, Decided
PROCEDURAL POSTURE: Plaintiffs, spouse of deceased husband and his estate, sued defendant Libya under international law, federal law, and state law, seeking compensatory damages for an act of hostage taking that Libya allegedly committed in 1987. Libya sought dismissal for lack of jurisdiction, inter alia, which implicated the state sponsored terrorism exception to Foreign Sovereign Immunities Act, specifically 28 U.S.C.S. § 1605(a)(7).
OVERVIEW: In 1987, Libyan authorities boarded the boat the spouse and deceased were traveling on, forcibly removed all passengers, and detained the spouse and deceased. Eventually, the spouse was forcibly separated from her husband and allowed to leave, but her husband was detained for the next seven months. The exception to foreign sovereign immunity at issue in the present case was the state-sponsored terrorism exception, codified at 28 U.S.C.S. § 1605(a)(7). The court held that in light of the political situation at the time and evidence produced by the plaintiffs, the allegations used to support the hostage-taking claim including use of the plaintiffs as human shields to prevent American air attacks; revenge and compensation for American air attacks; exchange for Egyptian military hardware; and Libya's pattern of terrorist activity, were sufficient for the court to exercise subject matter jurisdiction. Competent evidence demonstrated that Libya's purpose in the alleged hostage taking was to compel a third party to do or abstain from doing any act as an explicit or implicit condition for the hostages' release. Thus, the court had jurisdiction under the state sponsored terrorism exception.
OUTCOME: The court denied Libya's motion to dismiss and granted the spouse and estate leave to amend their complaint to state with specificity their causes of action.
