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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:
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