Embassy Law Web Log   
Washington, DC, USA      




Foreign Police Brutality in U.S. Court

Numerous legal issues affecting the jurisdiction of U.S. courts in matters of alleged foreign victims of police brutality lead to an educational decision in the matter Doe v. Buratai. The United States District Court for the District of Columbia examined exemptions to the claims of immunity for foreign official acts and under the Foreign Sovereign Immunities Act. It explained also the bases of personal jurisdiction, including specific jurisdiction, and its constitutional limitations where there is no nexus to the United States. Without a nexus, the plaintiffs of an allegedly discriminated ethnic and religious group sought to establish jurisdiction under the Torture Victims Protection Act, among other bases, but could not carry their burden of showing that the court has subject-matter jurisdiction. The court in Washington, DC, closed on July 19, 2018 with this conclusion: This case presents appalling allegations, but the Court can only hear cases over which it has jurisdiction. Lacking personal and subject-matter jurisdiction, the Court must grant the defendants' Motions to Dismiss. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.