70 592 FEDERAL SUPPLEMENT, 2d SERIES weight due to stress and inadequate nourishment. Id. at 99. 9. After his release, Massie received the Purple Heart and the Prisoner of War Medal. Id. at 69–70. The Purple Heart is awarded in the name of the President of the United States to any member of the Armed Forces who, while serving the Armed Forces, has been wounded or killed or who has died or may die after being wounded while being held as a prisoner of war or while being taken captive. See Pls.’ Trial Ex. 1 (‘‘Ex. 1’’) at 2. Dunnie Richard Tuck 10. Dunnie Richard Tuck is a United States citizen and is currently a domiciliary of the State of Mississippi. Immediately before being assigned to the Pueblo, Tuck was domiciled in the Commonwealth of Virginia. See Tr. 7, April 22, 2008. 11. At the time he was taken hostage on January 23, 1968, Tuck was employed by the Naval Oceanographic Office. See id. at 8. 12. During the time he was held hostage, Tuck was beaten, tortured and subjected to constant mental and psychological terror on a daily basis. See id. at 55– 56. 13. Because Tuck was in civilian clothes at the time he was hijacked, he was initially considered to be an FBI ‘‘Spy’’ and was threatened to be shot because he was not protected under the Geneva Convention. See id. at 41–42. Because civilians do not fall under the Geneva Convention rules, Tuck was aware that he could be shot immediately. This fear of execution loomed over his head throughout his incarceration and caused him severe emotional distress. See id. at 41–44, 50–51. 14. Tuck sustained severe and permanent physical injuries as a result of the treatment he received during his captivity, including permanent injuries to his back, ankles, and knees and ringing in his ears. See id. at 58–59. As a result of being repeatedly kicked and hit in the mouth with rifle butts, his lips periodically split open. See id. at 52. 15. Tuck suffers from PTSD, disability and disfigurement. On account of his injuries, he has sustained lost wages and earning potential and has incurred medical expenses. Years after being released, he still suffers from general anxiety, flashbacks to his time in North Korea while asleep at night, waking up in cold sweats, and a lingering anxiety that a sharp noise or a bump on the bed could signal his end. See id. at 59–60. 16. Because he was serving his country as a civilian, Tuck was not eligible for assistance from the Veterans Administration and therefore has had to cover his own medical expenses. See id. at 85–86. Moreover, although he suffers lasting disability as a result of being repeatedly and severely beaten while being held hostage, there is no comparable civilian process available to adjudicate the degree of his disability or to award him disability payments. 17. During his eleven months in captivity, Tuck lost about 37 pounds of weight due to stress and inadequate nourishment. Id. at 80. 18. After his release, Tuck received the Purple Heart and the Prisoner of War Medal. Tuck is one of very few civilians who have received the Purple Heart. Id. at 74–75. Donald Raymond McClarren 19. McClarren is a United States citizen and a domiciliary of the Commonwealth of Pennsylvania. See Tr. 11, April 21, 2008. At the time he was taken hostage, McClarren was a Petty Officer 2nd Class, or CT02, Communications Tech, Operator (teletype and crypto). Id. at 11–12.