United States Tenth Circuit

In a suit brought by a Mexican citizen under the Alien Tort Statute (ATS) and 18 U.S.C. section 2255(a) against defendant for alleged sexual offenses committed in the U.S. while she was under 16, summary judgment for defendant based on a lack of subject matter jurisdiction is affirmed where: 1) the ATS claim was properly dismissed as plaintiff failed to sufficiently allege a violation of the law of nations with regard to the particular sex offenses she asserted; and 2) dismissal of the section 2255(a) claims was proper, but for a failure to establish that the alleged acts occurred on federal land, an element of the cause of action.

Appellate Information

• Decided 05/21/2007
• Published 05/22/2007

Judges

• HARTZ, Circuit Judge., Before KELLY, LUCERO, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Guy P. Cleveland, Cleveland Law Office, Cheyenne, Wyoming, for Plaintiff-Appellant.


• For Appellees:
  
• Mary Elizabeth Galvan, Laramie, Wyoming, for Defendant-Appellee.