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414 FEDERAL SUPPLEMENT, 3d SERIES
imminent apprehension of such a contact,
and the other is thereby put in such imminent apprehension. 28 U.S.C.A. § 1604.
36. Assault O620
International Law O440
‘‘Harmful contact,’’ as an element of
assault, for purposes of a claim under the
Foreign Sovereign Immunities Act (FSIA),
which requires that a theory of liability be
found in well-established principles of law,
is contact which causes any physical impairment of the condition of another’s
body, or physical pain or illness. 28
U.S.C.A. § 1604.
See publication Words and Phrases
for other judicial constructions and
definitions.
37. International Law O446
North Korea was liable to former
United States servicemembers and their
estates for battery, for purposes of action
brought by former servicemembers and
estates against North Korea under terrorism exception to Foreign Sovereign Immunities Act arising from kidnapping, imprisonment, and torture of servicemembers by
agents of North Korea, where North Korea’s agents repeatedly beat servicemembers, sometimes to the point of unconsciousness, over the course of eleven
months, and all servicemembers suffered
physical injuries from the acts of battery
they were subjected to while in captivity.
28 U.S.C.A. § 1605A(c).
38. Assault O615
International Law O440
Battery, for purposes of a claim under
the Foreign Sovereign Immunities Act
(FSIA), which requires that a theory of
liability be found in well-established principles of law, requires an act intending to
cause a harmful or offensive contact with
another person, or an imminent apprehension of such a contact, and the offensive
contact in fact directly or indirectly results. 28 U.S.C.A. § 1604.
39. Assault O620
International Law O440
Bodily contact is offensive, as an element of battery, for purposes of a claim
under the Foreign Sovereign Immunities
Act (FSIA), which requires that a theory
of liability be found in well-established
principles of law, if it offends a reasonable
sense of personal dignity. 28 U.S.C.A.
§ 1604.
40. False Imprisonment O5, 6
International Law O446
North Korea was liable to former
United States servicemembers and their
estates for false imprisonment, for purposes of action brought by former servicemembers and estates against North Korea
under terrorism exception to Foreign Sovereign Immunities Act arising from kidnapping, imprisonment, and torture of servicemembers by agents of North Korea,
where servicemembers were confined to
specific locations from the moment they
were kidnapped by North Koreans, servicemembers were aware they were not
allowed to leave, and the servicemembers’
captivity only worsened, lasting for eleven
months. 28 U.S.C.A. § 1605A(c).
41. False Imprisonment O2
International Law O440
False imprisonment exists, for purposes of a Foreign Sovereign Immunities
Act (FSIA) claim, which requires that a
theory of liability be found in well-established principles of law, when one person
acts intending to confine the other within
boundaries fixed by the actor, his act directly or indirectly results in such a confinement of the other, and the other is
conscious of the confinement or is harmed
by it. 28 U.S.C.A. § 1604.