128
414 FEDERAL SUPPLEMENT, 3d SERIES
allowed to leave, and that captivity only
worsened, lasting for eleven months. See
supra Part I.B. The uncontroverted evidence establishes that the crew members
endured forced captivity, were conscious of
their captivity, and were harmed by it.
North Korea is liable to the crew members
and their estates for this false imprisonment. See Massie, 592 F. Supp. 2d at 75–
76.
[42–45] Finally, ‘‘one who by extreme
and reckless conduct intentionally or recklessly causes severe emotional distress to
another is subject to liability for such emotional distress.’’ Estate of Heiser v. Islamic
Republic of Iran, 659 F. Supp. 2d 20, 26
(D.D.C. 2009) (quoting Restatement (Second) of Torts § 46(1)). ‘‘Acts of terrorism
are by their very definition extreme and
outrageous and intended to cause the highest degree of emotional distress.’’ Belkin v.
Islamic Republic of Iran, 667 F. Supp. 2d
8, 22 (D.D.C. 2009) (citations omitted). The
‘‘intensity and the duration of the distress
are factors to be considered in determining
its severity.’’ Restatement (Second) of
Torts § 46 cmt. j. For eleven months, the
crew members were forced to watch the
North Koreans torture their fellow crewmen while anticipating their own forthcoming torture or possible execution. See supra Part I.B. When they returned home,
the trauma that these men withstood left
lasting psychological damage—many suffer
from post-traumatic stress disorder. See
supra Part I.B.2.iv. The uncontroverted
evidence shows that for nearly a year
these men suffered extremely intense
physical and emotional distress that has
had lasting effects on their lives. North
Korea is liable to the crew member plaintiffs and their estates for this intentional
infliction of emotional distress. See Massie,
592 F. Supp. 2d at 76.
ii. Family Members and Their Estates
[46] Section 1605A(c) ‘‘expressly contemplates the award of solatium damages
to the close relatives of terrorism victims.’’
Fritz v. Islamic Republic of Iran, 324 F.
Supp. 3d 54, 61–62 (D.D.C. 2018) (citing 28
U.S.C. 1605A(c)). The ‘‘legal representatives’’ of those close relatives—here, their
estates—also may bring solatium claims on
their behalf. 28 U.S.C. § 1605A(c); see, e.g.,
Allan v. Islamic Republic of Iran, No. 17cv-0338, 2019 WL 2185037, at *7 (D.D.C.
May 21, 2019) (awarding solatium damages
to estate plaintiff); Relvas v. Islamic Republic of Iran, No. 14-cv-01752, 2018 WL
1092445, at *5 (D.D.C. Feb. 28, 2018)
(same); Akins v. Islamic Republic of Iran,
332 F. Supp. 3d 1, 45, 47 (D.D.C. 2018)
(same); Stansell, 217 F. Supp. 3d at 332,
334, 344–45 (same).
[47–50] Under the FSIA, solatium is
‘‘indistinguishable from an [intentional infliction of emotional distress] claim.’’ Valore, 700 F. Supp. 2d at 85; see also Estate
of Heiser, 659 F. Supp. 2d at 27 n.4. While
the Restatement appears to limit claims to
those who were ‘‘present at the time,’’
Restatement (Second) of Torts § 46(2), it
also suggests in a caveat that an actor may
be liable in ‘‘other circumstances’’ to someone who was not present at the time,
Restatement (Second) of Torts § 46 caveat.
‘‘Terrorism, unique among the types of
tortious activities in both its extreme
methods and aims,’’ is ‘‘easily’’ one such
circumstance. Estate of Heiser, 659 F.
Supp. 2d at 27; see also Jenco v. Islamic
Republic of Iran, 154 F. Supp. 2d 27, 36
(D.D.C. 2001); Thuneibat v. Syrian Arab
Republic, 167 F. Supp. 3d 22, 39 (D.D.C.
2016). In this Circuit, ‘‘relief in cases of
this sort will be limited to ‘immediate family’ members.’’ Bettis, 315 F.3d at 338(excluding nieces and nephews from relief for
not fitting the traditional common law definition of ‘‘immediate family’’). So long as