Filártiga v. Peña-Irala
United States Court of Appeals for the Second Circuit
630 F.2d 876 (1980)
- Written by Angela Patrick, JD
Facts
Joel Filártiga and his daughter, Dolly Filártiga (plaintiffs) were Paraguayan nationals living in the United States. The Filártigas filed a wrongful-death action in federal district court against Americo Peña-Irala (defendant), another Paraguayan national who was also living in the United States. The action alleged that in retaliation for Joel Filártiga’s opposition to the Paraguayan government, Peña-Irala, the inspector general of the police in Asunción, Paraguay, kidnapped Joelito Filártiga, who was Joel’s son and Dolly’s brother, and tortured Joelito to death. Peña-Irala was formally served with the lawsuit while in the United States. Because the underlying events occurred in Paraguay, Peña-Irala alleged that the district court lacked subject-matter jurisdiction and moved to dismiss the Filártigas’ action. The district court granted the dismissal, and the Filártigas appealed to the United States Court of Appeals for the Second Circuit.
Rule of Law
Issue
Holding and Reasoning (Kaufman, J.)
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