Siderman De Blake v. Republic of Argentina
United States Court of Appeals for the Ninth Circuit
965 F.2d 699 (1992)
- Written by Angela Patrick, JD
Facts
After the Argentine military took control of the government in Argentina (defendant), men kidnapped and tortured Jose Siderman (plaintiff). After Siderman was released, he and his family (plaintiffs) left Argentina. Siderman’s daughter, Susana Siderman de Blake, was a naturalized US citizen, and the family eventually moved to California. Argentine authorities took over Siderman’s business, diverting its assets to military officials. The military advertised one of Siderman’s hotels in the United States and hosted American guests who paid with American credit cards. Siderman sold 127,000 acres of his Argentinian property. Argentine authorities allegedly modified records to show that Siderman had owned only 127 acres. Argentina then brought criminal charges against Siderman for fraudulently selling property he did not own. Argentina asked a California court to serve criminal papers on Siderman. While traveling in Italy, Siderman was arrested for these charges, but Italy found that they were pretextual and released Siderman. Siderman, his wife, his son, and Siderman de Blake sued Argentina in US federal court, bringing claims for torture and the unlawful expropriation of their property. Expropriation occurs if a government takes private property for public use. The district court dismissed the Sidermans’ claims, out of deference for foreign acts of state and because it found that the Foreign Sovereign Immunities Act (FSIA) gave Argentina sovereign immunity. The Sidermans appealed.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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