76 592 FEDERAL SUPPLEMENT, 2d SERIES moved from their ship Massie, Tuck, McClarren, and Cdr. Bucher were unlawfully detained and held hostage against their will and without their consent for a period of eleven months. 25. California, Pennsylvania, Illinois and Virginia provide a cause of action for false imprisonment as alleged in the complaint. [8] 26. Massie, Tuck, McClarren, and Cdr. Bucher plaintiffs were falsely imprisoned by North Korea. (Intentional Infliction of Emotional Distress) [9] 27. California law provides a cause of action for intentional infliction of emotional distress where a plaintiff can satisfy the following elements: ‘‘(1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress.’’ Agarwal v. Johnson, 25 Cal.3d 932, 946, 160 Cal.Rptr. 141, 603 P.2d 58 (Cal.1979), overruled on other grounds by White v. Ultramar, 21 Cal.4th 563, 574 n. 4, 88 Cal.Rptr.2d 19, 981 P.2d 944 (Cal.1999). Similar relief is recognized by Illinois and Virginia. Reilly v. Wyeth, 377 Ill.App.3d 20, 315 Ill.Dec. 428, 876 N.E.2d 740, 755 (2007). 28. Although Pennsylvania has not expressly recognized a cause of action for intentional infliction of emotional distress, its courts have cited the Restatement (Second) of Torts § 46(2) for the minimum elements necessary to sustain such a cause of action. Taylor v. Albert Einstein Medical Center, 562 Pa. 176, 754 A.2d 650, 652 (2000) (citing Kazatsky v. King David Mem.’l Park, 515 Pa. 183, 527 A.2d 988 (1987)). [10] 29. Damages for intentional infliction of emotional distress may be recovered for both economic losses, which include ‘‘[r]easonable compensation for any financial loss suffered by the plaintiff which was proximately caused by emotional distress,’’ and non-economic losses such as damages for ‘‘humiliation, anxiety, and mental anguish.’’ Agarwal, 25 Cal.3d at 953, 160 Cal.Rptr. 141, 603 P.2d 58. [11] 30. Rose Bucher was the spouse of Cdr. Bucher. Cdr. Bucher died on January 28, 2004. During his lifetime, Cdr. Bucher had causes of actions for the physical injuries and damages he suffered at the hands of agents of North Korea. Such causes of action survive pursuant to state law and are brought by, Rose Bucher, the Personal Representative of the Estate of Lloyd Bucher. (Loss of Solatium) [12] 31. The tortious conduct of North Korea proximately caused Rose Bucher to lose and be deprived of the services, support, consortium, affection, companionship, and solatium of and with her husband, Lloyd Bucher. 32. This court has recognized the cause of action for loss of solatium under the federal common law by relying upon the Restatement (Second) of Torts § 46. Stethem v. Islamic Republic of Iran, 201 F.Supp.2d 78, 89 (D.D.C.2002) (internal citation and quotation omitted) (‘‘[O]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress. All acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress, literally, terror, in their targeted audience.’’)

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