291
SCOTT v. DIST. OF COLUMBIA
Cite as 87 F.Supp.3d 291 (D.D.C. 2015)
award to a plaintiff is based on four factors: ‘‘(1) the character of the defendants’
act, (2) the nature and extent of harm to
the plaintiffs that the defendants caused or
intended to cause, (3) the need for deterrence, and (4) the wealth of the defendants.’’ Id. (quoting Acosta v. The Islamic
Republic of Iran, 574 F.Supp.2d 15, 30
(D.D.C.2008)).
[11, 12] The Kims have sufficiently
demonstrated that the relevant factors
weigh in favor of awarding punitive damages. See Bodoff, 907 F.Supp.2d at 105
(explaining the four-factor test for punitive
damages). The character of North Korea’s acts against Reverend Kim are ‘‘awful and worthy of the gravest condemnation.’’ Roth, 78 F.Supp.3d 379, 405, 2015
WL 349208 at *18 (applying the first factor
of the four-part punitive damages test).
North Korea has caused irreparable emotional and psychological harm to the Kims.
See Bodoff, 907 F.Supp.2d at 105. The
abduction and presumed torture by North
Korea of missionaries seeking to aid refugees warrants significant deterrence. See
id. Usually, the wealth of the defendant is
determined by the foreign sovereign’s annual expenditures in support of terrorist
activities. Roth, 78 F.Supp.3d 379, 405,
2015 WL 349208 at *18. No such information for North Korea is readily accessible,
though, if it is accessible at all. Calderon–
Cardona v. Democratic People’s Republic
of Korea, 723 F.Supp.2d 441, 484–485
(D.P.R.2010). Accordingly, punitive damages will be awarded collectively in the
amount of $300 million, which is within the
range of punitive damages awarded by
other courts in FSIA actions. See, e.g.,
Oveissi, 879 F.Supp.2d at 56–57 (awarding
$300 million in punitive damages and collecting FSIA cases where similar punitive
damages amounts were awarded); Calderon–Cardona, 723 F.Supp.2d at 485 (award-
ing $300 million in punitive damages
against North Korea).
CONCLUSION
Because the D.C. Circuit has ordered
that default judgment be entered against
the Democratic People’s Republic of Korea
and the Kims provided evidence supporting an award of damages, default judgment will be entered, each plaintiff will be
awarded $15 million in compensatory damages, and punitive damages totaling $300
million will be assessed against North Korea. A final order accompanies this memorandum opinion.
,
DeAngelo SCOTT and Ryan
Pratt, Plaintiffs,
v.
DISTRICT OF COLUMBIA, Defendant.
Civil Action No. 14–817 (GK)
United States District Court,
District of Columbia.
Signed April 9, 2015
Background: Former arrestees, who
were charged with misdemeanors and given option of posting and forfeiting amount
of money as collateral in return for their
release, filed putative class action under
§ 1983 against District of Columbia, claiming violation of Fourth and Fifth Amendments and common law conversion by District’s post and forfeit procedures. District
moved to dismiss for lack of subject matter
jurisdiction or, alternatively, for failure to
state claim.