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592 FEDERAL SUPPLEMENT, 2d SERIES
(4) appropriate damages awards for pain
and suffering of former crew members
was $3,350,000;
(5) appropriate award of damages for widow’s pain and suffering was $1,250,000;
(6) appropriate damages awards for post
release and future pain and suffering
of former crew members was
$13,400,000; and
(7) appropriate damages award for post
release and future pain and suffering
of captain was $11,000,000.
Judgment for plaintiffs.
1. Limitation of Actions O104.5
Plaintiffs were entitled to equitable
tolling of the deadline for filing their action, under the terrorism exception to the
Foreign Sovereign Immunities Act (FSIA),
against the Government of the Democratic
People’s Republic of Korea (North Korea),
arising out of the 1968 capture of a United
States Navy vessel and the kidnaping and
torture of its crew, where North Korea
was immune from suit until enactment of
the relevant FSIA provision in 1996. 28
U.S.C.A. § 1605(a)(7), (f).
2. Aliens, Immigration, and Citizenship
O767
International Law O10.33
Former members of crew of United
States Naval vessel captured by the Government of the Democratic People’s Republic of Korea (North Korea) in 1968
were victims of ‘‘torture,’’ within meaning
of the Torture Victims Protection Act
(TVPA), for purposes of their action under
the terrorism exception to the Foreign
Sovereign Immunities Act (FSIA); former
crew were held in unsanitary conditions,
provided with poor food, and repeatedly
beaten and threatened in order to coerce
them into signing ‘‘confessions’’.
U.S.C.A. §§ 1350, 1605(a)(7).
28
See publication Words and Phrases for other judicial constructions
and definitions.
3. International Law O10.33
Treaties O8
Former members of crew of United
States Naval vessel captured by the Government of the Democratic People’s Republic of Korea (North Korea) in 1968
were victims of ‘‘hostage taking,’’ within
meaning of the International Convention
Against the Taking of Hostages, for purposes of their action under the terrorism
exception to the Foreign Sovereign Immunities Act (FSIA); former crew were held
under threat of death in order to coerce
the U.S. Government to apologize for alleged incursion into North Korean waters.
28 U.S.C.A. § 1605(a)(7), (e)(1).
See publication Words and Phrases for other judicial constructions
and definitions.
4. International Law O10.33
Former members of crew of United
States Naval vessel captured by the Government of the Democratic People’s Republic of Korea (North Korea) in 1968, and
the widow of the vessel’s captain, suffered
personal injury, within meaning of the terrorism exception to the Foreign Sovereign
Immunities Act (FSIA), as required in
their action under that statute, where
North Korean held the crew hostage and
subjected them to physical and mental torture. 28 U.S.C.A. § 1605(a)(7).
5. Damages O20
Under California law, when a person
is injured by the tortuous acts of another,
she is entitled to recover from the tortfeasor an amount that will compensate for all
the detriment proximately caused by the
tortious acts.