DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 414 F.Supp.3d 109 (D.D.C. 2019)
eign state is not entitled to immunity.’’ Id.
§ 1330(a).
[20] These four conditions are present.
First, this is a nonjury civil action—‘‘all
federal appellate courts which have considered the issue TTT have held that jury
trials are not available in suits brought
under the [FSIA].’’ Universal Consol. Cos.,
Inc. v. Bank of China, 35 F.3d 243, 245
(6th Cir. 1994); see also Valore, 700 F.
Supp. 2d at 65. Second, North Korea is a
foreign state. Third, this action is in personam because the Court will exercise
‘‘personal jurisdiction over the defendants
as legal persons, rather than property.’’
Valore, 700 F. Supp. 2d at 65; see infra
Part III.B.
[21] Fourth, the exception to sovereign
immunity for state-sponsored terrorism
applies. That exception waives sovereign
immunity for foreign states when five conditions exist: ‘‘(1) ‘money damages are
sought,’ (2) ‘against a foreign state’ for (3)
‘personal injury or death’ that (4) ‘was
caused’ (5) ‘by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or
resources TTT for such an act.’ ’’ Anderson,
753 F. Supp. 2d at 79 (quoting 28 U.S.C.
§ 1605A(a)(1)). Those conditions are present here. The plaintiffs seek money damages for personal injury under FSIA
§ 1605A(c). Am. Compl. ¶ 15. This satisfies
conditions (1) and (3). The plaintiffs’ suit
and the Clerk of Court’s entry of default
are against North Korea itself, which is a
‘‘foreign state’’ under the FSIA. Clerk’s
Entry of Default; 28 U.S.C. §§ 1603(a),
1608. This satisfies condition (2). And the
plaintiffs seek money damages for alleged
‘‘acts of torture, hostage taking, and personal injury (including assault, battery,
false imprisonment, intentional infliction of
emotional distress, and loss of solatium)
committed against the crew members and
their immediate family members.’’ Am.
123
Compl. ¶ 19. This satisfies condition (5).
That leaves condition (4)—causation. The
plaintiffs allege acts of torture and hostage
taking that ‘‘caused physical and psychological injuries.’’ Am. Compl. ¶¶ 36; 16–19.
To establish causation, the plaintiffs must
make ‘‘only a showing of proximate cause,’’
which exists so long as there is ‘‘some
reasonable connection between the act or
omission of the defendant and the damage
which the plaintiff has suffered.’’ Kilburn
v. Socialist People’s Libyan Arab Jamahiriya, 376 F.3d 1123, 1128 (D.C. Cir. 2004)
(internal quotations omitted). The plaintiffs
have made this showing. There are clear,
reasonable connections between the alleged actions of the North Koreans and
the injuries suffered. For example, North
Korea’s capturing of the crew members
and holding them as hostages was directly
connected to the physical and psychological harms of false imprisonment. And the
crew’s torture at North Korea’s hands involved repeated beatings that were directly connected to injuries that resulted from
the assault. See supra Part I.B.2.ii. With
all five conditions met, the state-sponsored
terrorism exception applies.
[22] Not only does the Court have subject matter jurisdiction, it must exercise
that jurisdiction. Under the FSIA, the
Court ‘‘shall hear a claim’’ when (1) the
state had been designated a state sponsor
of terrorism at the time the act occurred
or ‘‘as a result of such act’’; (2) the plaintiffs were U.S. nationals, servicemen, employees or contractors for the U.S. government; and (3) the plaintiffs allowed the
foreign state a reasonable opportunity to
arbitrate
the
claims.
28
U.S.C.
§ 1605A(a)(2).
Those requirements are met here. First,
North Korea was re-designated a state
sponsor of terrorism ‘‘as a result’’ of its
actions against the Pueblo’s crew. Courts
in this district have held that ‘‘as a result’’