United States Fourth Circuit

In an action brought under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA) alleging that defendant, while a colonel in the Somali National Army, kidnapped, beat, tortured, and shot plaintiff in 1987, the district court's dismissal of plaintiff's ATS counts and denial of defendant's motion to dismiss the TVPA counts is affirmed where: 1) plaintiff has not pled a claim that touches and concerns the United States that will support ATS jurisdiction; and 2) defendant lacked foreign official immunity for jus cogens violations and the panel refused to overrule circuit precedent.

Appellate Information

• Published 2016/02/01

Judges

• AGEE

Court

• United States Fourth Circuit

Counsel