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SAMANTAR v. YOUSUF

Docket No.: 08-1555
Certiorari Granted: Sep 30 2009
Argued: March 3, 2010
Decided: June 1, 2010

Topics:

Foreign Sovereign Immunities Act of 1976, Alien Tort Statute, Federal Tort Claims, Torture Victim Protection Act, absolute immunity, immunity from suit, sovereign immunity

PartyNames: Mohamed Ali Samantar v. Bashe Abdi Yousuf, et al.
Petitioner: Mohamed Ali Samantar
Respondent: Bashe Abdi Yousuf, et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 552 F.3d 371

Mohamed Ali Samantar
v.
Bashe Abdi Yousuf, et al.
Question Presented:

1. Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. ยง 1604, extends to an individual acting in his official capacity on behalf of a foreign state. 2. Whether an individual who is no longer an official of a foreign state at the time suit is filed retains immunity for acts taken in the individual's former capacity as an official acting on behalf of a foreign state.

Question:

1) Does a foreign state's FSIA immunity from suit extend to an individual acting in his official capacity on behalf of the foreign state? 2) Does an individual who is no longer a government official of a foreign state at the time suit is filed retain FSIA immunity for acts taken in that individual's former capacity as a government official acting on behalf of a foreign state?

SAMANTAR v. YOUSUF
ORAL ARGUMENT

March 3, 2010

Holding: is affirmed and remanded
Vote: 9-0
Opinion By:

SAMANTAR v. YOUSUF
Case Documents

1Opinion in SAMANTAR v. YOUSUF
2SAMANTAR v. YOUSUF Oral Argument Transcript (PDF)
3SAMANTAR v. YOUSUF Oral Argument Transcript (HTML)
4SAMANTAR v. YOUSUF Oral Argument Transcript (HTML)
Additional documents for this case are pending review.