MASSIE v. GOVT. OF DEMOCRATIC PEOPLE’S OF KOREA
Cite as 592 F.Supp.2d 57 (D.D.C. 2008)
20. During the eleven months of his
captivity, McClarren was beaten, tortured,
and subjected to constant mental and psychological terror on a daily basis.
21. McClarren sustained severe and
permanent physical injuries, including arthritis in his back and shoulders, deteriorating disks, and severe pain in his feet
and ankles. Because of the pain in his feet
and ankles he has difficulty wearing shoes.
See id. at 61–63.
22. McClarren suffers from PTSD, disability and disfigurement. He still gets
frightened at random and harmless occurrences, such as a door suddenly slamming,
and cannot sleep in a totally dark room.
See Tr. 27, April 21, 2008. McClarren is
short-tempered and easily agitated. Id. at
24–26. He struggled through alcoholism
for twenty years after returning from
North Korea. Id. at 25. The change in
his personality caused by the traumatic
events associated with his captivity contributed significantly to two failed marriages. See id. at 60.
23. McClarren eventually received Veterans Affairs benefits to help him get
counseling for his alcoholism and to treat
his many physical and mental ailments.
Id. at 24–26, 58, 60–63.
24. After his release from captivity,
McClarren received the Purple Heart and
the Prisoner of War Medal. Id. at 52–54.
Commander Lloyd Bucher
25. Prior to his death on January 28,
2004, Cdr. Bucher was a United States
citizen and a domiciliary of the State of
California.
26. During his captivity, Cdr. Bucher
was severely beaten and tortured and subjected to constant mental and psychological terror.
27. Cdr. Bucher sustained severe and
permanent physical injuries which ulti-
mately shortened his life.
April 22, 2008.
71
See Tr. 108,
28. Cdr. Bucher suffered from PTSD,
disability, and disfigurement and was classified as one hundred percent disabled by
the Veterans Administration. See Tr. 104,
April 22, 2008. After his release, Cdr.
Bucher exhibited a changed personality
and was extremely short-tempered with
his wife and children. He was tense and
nervous and would visibly shake after being startled from something as simple as a
breeze slamming a door shut. At night, a
bump of his bed or noises would disturb
him and cause night sweats; he often
could not go back to sleep. See id. at 99–
100, 103.
29. The unlawful hijacking of the USS
Pueblo also had an adverse impact on Cdr.
Bucher’s naval career by foreclosing his
otherwise likely promotion to at least the
rank of Captain in the U.S. Navy. His
career was effectively ended by North Korea’s illegal seizure of the USS Pueblo, and
he was forced to retire from the Navy
earlier than he had planned. See id. at
107–08.
30. During his eleven months of captivity, Cdr. Bucher lost about 50 pounds of
weight due to stress and inadequate nourishment. Id. at 118. In addition, he suffered extreme mental anguish caused by
the forcible surrender of his ship and crew
and the ensuing severe, inhumane beatings
suffered by his crew, which he was helpless to stop. See Tr. 104–05, April 21,
2008; Tr. 127, April 22, 2008.
31. Cdr. Bucher received the Purple
Heart (with one gold star) and the Prisoner of War Medal. Tr. 92–93, April 22,
2008.
Rose Bucher
32. Rose Bucher is the widow of Cdr.
Bucher and is the duly appointed Personal
Representative of his Estate.