United States DC Circuit

District court properly dismissed plaintiffs' complaint for failure to state a claim under 28 U.S.C. section 1605(a)(7) and the Flatow Amendment, neither of which creates a private cause of action against foreign governments for acts of hostage taking or torture. The children of a victim of terrorist hostage-taking may amend their complaint to state a cause of action under some other source of law.

Appellate Information

• Argued 12/15/2003
• Decided 01/16/2004
• Published 01/16/2004

Judges

• Before:  EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas L. Gowen argued the cause for appellants.   With him on the briefs were James J. Oliver and Steven J. McCool., Stuart H. Newberger argued the cause for amicus curiae Blake Kilburn in support of appellants.   With him on the brief were Michael L. Martinez, Laurel Pyke Malson and F. Ryan Keith., Elizabeth B. Wydra, Supervising Attorney, argued the cause as amicus curiae in support of the District Court's judgment.   With her on the brief were Steven H. Goldblatt, Director of the Appellate Litigation Program, appointed by the court, and William J. Brown, Varu Chilakamarri, and Ruthanne M. Deutsch, Student Counsel., Douglas Letter, Litigation Counsel, U.S. Department of Justice, argued the cause for amicus curiae The United States.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, H. Thomas Byron III, Attorney, and Mark A. Clodfelter, Attorney, U.S. Department of State.