DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 414 F.Supp.3d 109 (D.D.C. 2019)
2. Theories of Liability
[33] It is not enough for the plaintiffs
to show that the North Koreans caused
injuries through those particular acts. The
FSIA requires the plaintiffs to ‘‘prove a
theory of liability’’ found in ‘‘well-established principles of law, such as those
found in the Restatement (Second) of
Torts.’’ Worley, 75 F. Supp. 3d at 334–35
(citations omitted). The crew members and
their estates, the crew’s immediate family
members and their estates, and plaintiff C17 bring claims under different theories of
liability. North Korea is liable under each
theory for its acts of torture, hostagetaking, and extrajudicial killing.
i. The Crew Members and Their Estates
The crew members and their estates
bring claims under the theories of assault,
battery, false imprisonment, and intentional infliction of emotional distress. Am.
Compl. ¶¶ 37–40, 44.
[34–36] Assault ‘‘occurs when one person (a) ‘acts intending to cause a harmful
or offensive contact with the person of the
other TTT or an imminent apprehension of
such a contact, and (b) the other is thereby
put in such imminent apprehension.’ ’’
Stansell v. Republic of Cuba, 217 F. Supp.
3d 320, 343 (D.D.C. 2016) (quoting Restatement (Second) of Torts § 21(1)).
‘‘ ‘Harmful contact’ is that which causes
‘any physical impairment of the condition
of another’s body, or physical pain or illness.’ ’’ Id. at 342 (quoting Restatement
(Second) of Torts § 15). The North Koreans repeatedly beat, kicked, spat on, and
interrogated the crew members, accused
them of being spies, and denied them medical attention. See supra Part I.B.2. The
North Koreans routinely threatened the
crew members’ lives, causing them to fear
death and further violence. Such acts of
torture ‘‘by their very nature’’ are meant
to cause harm and instill fear of harms to
127
come. Valore, 700 F. Supp. 2d at 76. Accepting the uncontroverted evidence that
the crew members regularly suffered
harmful contact and fear, North Korea is
liable to the crew members and their estates for assault. See Massie, 592 F. Supp.
2d at 75.
[37–39] Battery requires an act ‘‘intending to cause a harmful or offensive
contact with TTT [another person], or an
imminent apprehension of such a contact’’
and the offensive contact in fact ‘‘directly
or indirectly results.’’ Restatement (Second) of Torts § 18. And ‘‘bodily contact is
offensive if it offends a reasonable sense of
personal dignity.’’ Id. § 19. North Korea
committed battery when, over the course
of eleven months, its agents repeatedly
beat the Pueblo’s crew, sometimes to the
point of unconsciousness. See supra Part
I.B.2.iii. This program of repeated torture
resulted in acts of intentional, harmful, and
offensive contacts, and all crew members
suffered physical injuries from the acts of
battery they were subjected to in captivity.
Again, accepting the uncontroverted evidence that the crew members regularly
suffered severe physical harm as a direct
result of harmful and offensive contact,
North Korea is liable to the crew members
and their estates for battery. See Massie,
592 F. Supp. 2d at 75.
[40, 41] False imprisonment exists
‘‘when one person ‘(a) acts intending to
confine the other TTT within boundaries
fixed by the actor, and (b) his act directly
or indirectly results in such a confinement
of the other, and (c) the other is conscious
of the confinement or is harmed by it.’’
Stansell, 217 F. Supp. 3d at 342–43 (quoting Restatement (Second) of Torts § 35).
From the moment the North Koreans
boarded the Pueblo, they confined the
crew members to specific locations, the
crew members were aware they were not