MASSIE v. GOVT. OF DEMOCRATIC PEOPLE’S OF KOREA Cite as 592 F.Supp.2d 57 (D.D.C. 2008) 13. Even though North Korea has failed to respond to the Complaint served on September 8, 2006 under section 1608 of the FSIA, North Korea, by letter dated March 27, 2008, has been provided an opportunity to arbitrate the claims at issue here. 14. Plaintiffs are American citizens. 15. Once a foreign state’s immunity has been lifted under § 1605 and jurisdiction is proper, § 1606 provides that ‘‘the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances.’’ 28 U.S.C. § 1606. 16. The state laws of California, Illinois, Virginia and Pennsylvania provide a basis for liability in this case. (Torture) 17. Plaintiffs allege common law assault, battery, false imprisonment, intentional infliction of emotional distress and loss of solatium. They also seek money damages for economic damages, loss of solatium, pain and suffering for the acts that are among those described in 28 U.S.C. § 1605(a)(7). The acts complained of include personal injury that was caused by acts of torture and hostage taking. 18. Torture is a severe form of battery which, under California law, ‘‘is any intentional, unlawful and harmful contact by one person with the person of another.’’ Ashcraft v. King, 228 Cal.App.3d 604, 611, 278 Cal.Rptr. 900 (Cal.Ct.App.1991). The tort of civil battery consists of the following three elements: (1) the defendant intentionally did an act that resulted in a harmful or offensive contact with the plaintiff; (2) the plaintiff did not consent to the contact; (3) the contact caused injury, damage, loss or harm to the plaintiff. Id. All of 75 these elements have been demonstrated and proven in this case. [5] 19. ‘‘[U]nder 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.’’ Priest v. Rotary, 634 F.Supp. 571, 584 (N.D.Cal.1986). [6] 20. It is also well established in California that the damages recoverable by the victim of a tortuous act also may include recovery for ‘‘the grief, anxiety, worry, mortification, and humiliation which one suffers by reason of physical injuries.’’ Merrill v. Los Angeles Gas & Elec. Co., 158 Cal. 499, 512, 111 P. 534 (Cal.1910). 21. An essentially identical cause of action for battery is available under the laws of the Commonwealths of Pennsylvania and Virginia and the State of Illinois. See, e.g., Levenson v. Souser, 384 Pa.Super. 132, 557 A.2d 1081, 1088 (1989); Koffman v. Garnett, 265 Va. 12, 574 S.E.2d 258, 261 (2003); Welton v. Ambrose, 351 Ill.App.3d 627, 286 Ill.Dec. 744, 814 N.E.2d 970, 979 (2004). (Assault and Battery) [7] 22. North Korea is responsible for numerous acts of assault and battery upon Massie, Tuck, McClarren, and Cdr. Bucher during their arrest and imprisonment. 23. Plaintiffs are entitled to recover for the severe, multiple and incessant assaults and batteries that were committed by agents of North Korea on Massie, Tuck, McClarren, and Cdr. Bucher between January 23, 1968 and December 23, 1968. (False Imprisonment) 24. At the time that the Pueblo came under an unprovoked and unlawful attack by North Korea, it was operating in international waters beyond the boundaries of North Korea. After being forcibly re-