Price v. Socialist People's Libyan Arab Jamahiriya

294 F.3d 82 (2002)

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Price v. Socialist People’s Libyan Arab Jamahiriya

United States Court of Appeals for the District of Columbia Circuit
294 F.3d 82 (2002)

  • Written by David Bloom, JD

Facts

Michael Price and another American citizen (plaintiffs) sued the Socialist People’s Libyan Arab Jamahiriya (Libya) (defendant) for injuries sustained in a Libyan jail. Other than having allegedly tortured and abused these two United States nationals, Libya had no connection to the United States. The United States government designated Libya as a state sponsor of terrorism. Libya moved to dismiss the case, claiming sovereign immunity and lack of personal jurisdiction. The court denied Libya’s motion, and Libya appealed.

Rule of Law

Issue

Holding and Reasoning (Edwards, J.)

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Casebooks

International Criminal Law

International Law

Key Terms

  • Fifth Amendment Due Process ClauseProhibits the federal government from depriving an individual of life, liberty, or property without due process of law. The purpose of this clause is to prevent abuse of government authority in legal proceedings. Due process also requires that the federal government use fair methods or procedures when its actions would deprive an individual of life, liberty, or property.
  • Forum Non ConveniensA doctrine permitting a court to dismiss a case over which it has jurisdiction if an alternate jurisdiction is more convenient for hearing the matter.
  • Subject-Matter JurisdictionA court's power to hear a particular type of case.
  • Sovereign ImmunityThe principle that a government may not be sued in its own courts, and sometimes the courts of a foreign sovereign, without its consent.
  • Minimum ContactsThe extent and quality of connections—which must meet a standard of fair play and substantial justice—that a nonresident defendant must have with the forum state in order for a court in that state to exercise personal jurisdiction over such defendant.
  • Foreign Sovereign Immunities Act (FSIA)Enacted by the United States Congress in 1976 and accords federal courts jurisdiction over cases against foreign states. Section 1604 of FSIA provides those states with immunity unless one of several statutorily defined exceptions applies.
  • Personal JurisdictionThe power of a court to adjudicate the rights of a particular person or entity.
  • ArbitrationA form of alternative dispute resolution that is more formal than mediation but subject to fewer formal rules than a traditional court case. In arbitration, the parties present their cases and a neutral third party, the arbitrator(s), makes a final judgment, which is not appealable.

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