United States Ninth Circuit

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Munns v. Kerry, 12-15969

In this action brought against US government officials by family members and a coworker of three Americans who were kidnapped and killed while providing contract security services during the military occupation of Iraq, the district court's dismissal of plaintiffs' equitable claims due to lack of standing and their federal benefits claims due to lack of jurisdiction is affirmed, and the district court's dismissal of the due process and takings claims for withheld back pay and insurance proceeds is vacated, where: 1) plaintiffs had not shown that they were likely to be harmed in the future by US policies governing the supervision of private contractors and the response to kidnappings of American citizens in Iraq, and therefore plaintiffs lacked Article III standing to seek prospective declaratory and injunctive relief regarding those policies; 2) plaintiffs failed to allege a governmental waiver of sovereign immunity that would confer jurisdiction in the district court over their monetary claims; and 3) the Federal Claims Court had jurisdiction over plaintiffs' claims for withheld back pay and insurance proceeds, and the district court is directed to sever and transfer those claims under 28 U.S.C. section 1631.

Appellate Information

  • Decided 03/20/2015
  • Published 03/20/2015

Judges

  • Fisher

Court

  • United States Ninth Circuit

Counsel