Mohamed Ali Samantar v. Bashe Abdi Yousuf et al. (560 U.S. 305)
U.S. Supreme Court · decided June 1, 2010 · Supreme Court Database (Spaeth)
- Citation
- 560 U.S. 305 · 130 S. Ct. 2278
- Decided
- June 1, 2010
- Term
- October Term 2009
- Vote
- 9–0
- Majority author
- Justice Stevens
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. From 1980 to 1986 petitioner Mohamed Ali Samantar was the First Vice President and Minister of Defense of Somalia, and from 1987 to 1990 he served as its Prime Minister. Respondents are natives of Somalia who allege that they, or members of their families, were the victims of torture and extrajudicial killings during those years. They seek damages from petitioner based on his alleged authorization of those acts. The narrow question we must decide is whether the Foreign Sovereign Immunities Act of 1976 (FSIA or Act), 28 U. S. C. §§ 1330, 1602 et seq., provides petitioner with immunity from suit based on actions taken in his official capacity. We hold that the FSIA does not govern the determination of petitioner’s immunity from suit. I Respondents are members of the Isaaq clan, which included well-educated and prosperous Somalis who were subjected to systematic persecution during the 1980’s by the military regime then governing Somalia. They allege that petitioner exercised command and control over members of the Somali military forces who tortured, killed, or arbitrarily detained them or members of their families; that petitioner knew or should have known of the abuses perpetrated by his subordinates; and that he aided and abetted the commission of these abuses. Respondents’ complaint sought damages from petitioner pursuant…
Excerpt of a 40,294-character opinion. The full text and citation network load in the interactive viewer above.