United States DC Circuit

In a suit alleging that members of the U.S. government were responsible for the torture and death of a Guatemalan rebel fighter, dismissal of plaintiff's common law tort claims is affirmed where: 1) the political question doctrine barred consideration of plaintiff's claims; and 2) even if the political question doctrine did not apply, the Federal Tort Claims Act applied to plaintiff's tort claims, and the FTCA bars suits based on injuries suffered in a foreign country.

Appellate Information

• Argued 10/22/2007
• Decided 04/15/2008
• Published 04/15/2008

Judges

• Before: RANDOLPH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jennifer K. Harbury, appearing pro se, argued the cause and filed the briefs for appellant.  Beth Stephens and Mara E. Verheyden-Hilliard entered appearances., Tyler Giannini was on the brief for amicus curiae United States Representative Barney Frank in support of appellant.


• For Appellees:
  
• Robert M. Loeb, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, C. Frederick Beckner III, Deputy Assistant Attorney General, and Barbara L. Herwig, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.