Samantar v. Yousuf
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1555 | 4th Cir. |
Mar 3, 2010 Tr. |
Jun 1, 2010 | 9-0 | Stevens | OT 2009 |
Holding: The Foreign Sovereign Immunities Act (FSIA) generally protects foreign governments from being sued in American courts, even for violations of human rights. The Court ruled that FSIA does not protect a former official of foreign government from suit (in this case, a former Somalian defense minister sued for alleged atrocities committed in Somalia).
Judgment: Reversed and remanded, 9-0, in an opinion by Justice John Paul Stevens on June 1, 2010. Justice Alito filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Scalia filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Analysis: An elusive immunity issue
- Analysis: An elusive immunity issue
- Overseas reach of anti-torture law
Briefs and Documents
Merits Briefs
- Brief for Petitioner Mohamed Ali Samantar
- Brief for Respondents Bashe Abdi Yousuf et al.
- Reply Brief for Petitioner Mohamed Ali Samantar
Amicus Briefs
- Brief for the American Jewish Congress in Support of Petitioner
- Brief of the Kingdom of Saudi Arabia in Support of Petitioner
- Brief of Former Attorneys General of the United States in Support of Petitioner
- Brief of the Zionist Organization of America, the American Association of Jewish Lawyers and Jurists, Agudath Israel of America, and the Union of Orthodox Jewish Congregations of America in Support of Petitioner
- Brief for Dolly Filártiga, Sister Dianna Ortiz, and Other Torture Survivors and Their Family Members, Human Rights Organizations, Religious Organizations, and Torture Survivors Support Organizations in Support of Respondents
- Brief for Professors of International Litigation and Foreign Relations Law in Support of Respondents
- Brief for Academic Experts in Somali History and Current Affairs in Support of Respondents
- Brief for Senator Arlen Specter, Senator Russell D. Feingold and Representative Sheila Jackson Lee in Support of Respondents
- Brief for the Foreign Minister for the Republic of Somaliland, Abdillahi Mohamed Duale in Support of Respondents
- Brief for the Former United States Diplomats Morton I. Abramowitz, J. Brian Atwood, Harriet C. Babbitt, Harry G. Barnes, Jr., J.D. Bindenagel, James Bishop, James L. Bullock, A. Peter Burleigh, Hodding Carter III, Goodwin Cooke, Patricia Derian, Robert S. Gelbard, William C. Harrop, Samuel F. Hart, John L. Hirsch, Allen Holmes, Princeton N. Lyman, Marilyn Mcafee, James C. O'Brien, Thomas R. Pickering, Laurence E. Pope, David J. Scheffer, John Shattuck, Paul K. Stahnke, Alexander F. Watson and Robert White in Support of Respondents
- Brief for Professors of Public International Law and Comparative Law in Support of Respondents
- Brief for Individuals Weiss and Rosenstein, the Progressive Jewish Alliance, Jews Against Genocide, Save Darfur Coalition, et al. in Support of Respondents
- Brief for Retired Military Professionals in Support of Respondents
- Brief for the United States in Support of Affirmance
- Brief for the Anti-Defamation League in Support of Neither Side
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