Samantar v. Yousuf

560 U.S. 305, 130 S.Ct. 2278, 176 L.Ed. 1047 (2010)

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Samantar v. Yousuf

United States Supreme Court
560 U.S. 305, 130 S.Ct. 2278, 176 L.Ed. 1047 (2010)

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Facts

Mohamed Ali Samantar (defendant), as Minister of Defense and later Prime Minister of Somalia, was in charge of the country’s military. Under Samantar’s leadership, the Somali military tortured or killed the plaintiffs or their families. After the fall of the Somali military regime, Samantar moved to the United States. The plaintiffs brought suit against Samantar for the atrocities committed under his control in Somalia. Samantar argued that he was immune from the suit under the Foreign Sovereign Immunities Act (the Act), 28 U.S.C. §§ 1330, 1602, et seq. The court of appeals held that the Act did not govern Samantar’s claim of immunity. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Stevens, J.)

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