United States Fourth Circuit

District court's denial of a high-ranking Somalian official's claims for immunity and denial of his motion to dismiss plaintiffs' civil action brought against him pursuant to the Torture Victim Protection Act (TVPA) and the Alien Tort Statute (ATS), is affirmed where: 1) consistent with the Executive's constitutionally delegated powers and historical practice of the courts, the State Department's pronouncement as to head-of-state immunity is entitled to absolute deference, and here, the State Department has never recognized defendant as the head of state for Somalia; and 2) under international and domestic law, officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts were performed in the defendant's official capacity.

Appellate Information

• Decided 11/02/2012
• Published 11/02/2012

Judges

• Traxler

Court

• United States Fourth Circuit

Counsel