Bettis v. Islamic Republic of Iran

• Decision Date: 17 January 2003
• Docket Number: No. 01-7147.,01-7147.
• Citation: 315 F.3d 325
• Parties: Amy BETTIS, et al., Appellants, v. ISLAMIC REPUBLIC OF IRAN and Iranian Ministry of Information and Security, Appellees.
• Court: U.S. Court of Appeals — District of Columbia Circuit

315 F.3d 325

Amy BETTIS, et al., Appellants, v. ISLAMIC REPUBLIC OF IRAN and Iranian Ministry of Information and Security, Appellees.

No. 01-7147.

United States Court of Appeals, District of Columbia Circuit.

Argued December 6, 2002.

Decided January 17, 2003.

Appeal from the United States District Court for the District of Columbia (No. 00cv00549).

Steven R. Perles argued the cause for appellants. With him on the briefs was Thomas F. Fay.

Abigail V. Carter argued the cause for amicus curiae in support of affirmance. With her on the brief were Steven H. Goldblatt, appointed by the court, Lyndsy B. Rutherford, and Stephanie Cotilla.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court Filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1985, Father Lawrence M. Jenco, an ordained Catholic priest who was working as the Director of Catholic Relief Services in Beirut, Lebanon, was abducted by Hizbollah, the Islamic terrorist organization. Hizbollah held Fr. Jenco captive for 564 days, and subjected him to near-constant blindfolding, beatings, and psychological torture. Even after Fr. Jenco's release, he remained underweight and weak for a long period, had a changed disposition, and would suffer "flashbacks" to his kidnapping and torture. After Fr. Jenco's death, his estate and family members sued the Islamic Republic of Iran, which had "provided support, guidance, and resources to Hizbollah" in connection with Fr. Jenco's abduction. Jenco v. Islamic Republic of Iran, 154 F.Supp.2d 27, 31 (D.D.C.2001). The District Court upheld the claims of Fr. Jenco's estate and his six siblings, awarding over $314 million in compensatory and punitive damages for battery, assault, false imprisonment, and intentional infliction of emotional distress suffered by Fr. Jenco and for intentional infliction of emotional distress suffered by the siblings. The District Court rejected the claims of Fr. Jenco's 22 nieces and nephews, however. The nieces and nephews now appeal. We affirm the judgment of the District Court, because the nieces and nephews are not members of Fr. Jenco's immediate family. See RESTATEMENT (SECOND) OF TORTS § 46(2)(a).

I. BACKGROUND

A. Father Jenco's Abduction and Captivity

Shortly before 8:00 a.m. on January 8, 1985, five armed men abducted Fr. Jenco as he was on his way to the office of Catholic Relief Services in West Beirut, Lebanon. Hizbollah carried out the kidnapping as part of a widespread terrorist campaign that it conducted during the 1980s. This campaign targeted journalists, university professors, members of the clergy, and United States servicemen. See, e.g., Wagner v. Islamic Republic of Iran, 172 F.Supp.2d 128, 131-32 (D.D.C. 2001) (detailing the murder of a Navy officer stationed in Beirut by a Hizbollah suicide bomber); Sutherland v. Islamic Republic of Iran, 151 F.Supp.2d 27, 30-38 (D.D.C.2001) (detailing Hizbollah's kidnapping, detention, and torture of an American academic in Beirut); Polhill v. Islamic Republic of Iran, No. 00-1798 (TPJ), 2001 U.S. Dist. LEXIS 15322, at *2-*7 (D.D.C. Aug. 23, 2001) (same); Anderson v. Islamic Republic of Iran, 90 F.Supp.2d 107, 109-11 (D.D.C.2000) (detailing Hizbollah's kidnapping, detention, and torture of an American journalist in Beirut); Cicippio v. Islamic Republic of Iran, 18 F.Supp.2d 62, 63-66 (D.D.C.1998) (detailing Hizbollah's kidnapping, imprisonment, and torture of three male U.S. citizens).

As Hizbollah's prisoner, Fr. Jenco was subjected to inhumane conditions. The District Court described his treatment at some length:

From the moment he was abducted, Father Jenco was treated little better than a caged animal. He was chained, beaten, and almost constantly blindfolded. His access to toilet facilities was extremely limited, if permitted at all. He was routinely required to urinate in a cup and maintain the urine in his cell. His food and clothing were spare, as was even the most basic medical care.

He also withstood repeated psychological torture. Most notably, at one point, his captors held a gun to his head and told him that he was about to die. The captors pulled the trigger and laughed as Father Jenco reacted to the small click of the unloaded gun. At other times, the captors misled Fr. Jenco into thinking he was going home. They told him to dress up in his good clothes, took pictures of him, and then said "ha, ha, we're just kidding."

Jenco, 154 F.Supp.2d at 29.

Fr. Jenco's imprisonment also caused great suffering among his family members:

While Father Jenco was being held prisoner, his many siblings and relatives banded together and fought for his release. The family made a practice of meeting every Monday night to discuss what steps they could take to help secure his release. Family members took on various responsibilities, such as communicating with the public, dealing with the media, maintaining contact with the State Department, and raising money to cover the various costs of such a massive effort.

Andrew Mihelich and John Jenco, both nephews of Fr. Jenco, testified that, because of their massive dedication to free Fr. Jenco, the whole family, in effect, became a hostage in one way or another. As a result, many of the traditional family events, such as birthdays, graduations, or religious holidays were overshadowed — or overlooked altogether — on account of the campaign to free Fr. Jenco. Apart from the campaign, the family felt the very personal loss of not having their beloved relative at many family milestones, such as weddings, births, and baptisms. On the whole, according to John Jenco, the family spent the 19 months of Fr. Jenco's captivity on an emotional roller coaster, never knowing how close or far Fr. Jenco was to being released, not to mention returning home unharmed.

Jenco relatives also testified as to the specific effects that the captivity had o[n] Fr. Jenco's brother, John Jenco. John Jenco Jr. testified that, from the first day of captivity to the last day of his own life, John Jenco Sr. was distraught in a way he had never been before. He was able to celebrate the return of Fr. Jenco, but was never fully able, according to John Jenco Jr., become himself again. Similarly, Joseph Jenco testified that the stress of the captivity on Verna Mae Mihelich likely was a factor in her premature death.

Id. at 31-32. The trial court also found that

there is significant evidence of emotional distress among the siblings. Joseph Jenco, Fr. Jenco's brother testified as to the great strain the captivity imposed on himself as well as his brothers and sisters.... As well, other witnesses testified as to the stressful and extensive publicity campaign ...; the stress of false alarms that Fr. Jenco had been killed or freed ...; and constant fear that the campaign to free Fr. Jenco might also end up hurting him and the other hostages.

Id. at 35.

After Fr. Jenco's release, "he returned to the United States and served as a parish priest until his death on July 19, 1996." Id. at 29. The District Court found, however, that even after his return home, Fr. Jenco never fully recovered from the grim experience of his imprisonment:

Fr. Jenco continued to suffer the effects of his captivity. For a long period after his return, Father Jenco remained underweight and quite weak. Father Jenco's nephew, David Mihelich, testified that his uncle's disposition was noticeably milder, and indeed never returned to its pre-captivity state. As well, Christopher Morales, a Special Agent with the United States Secret Service, became a close friend of Jenco's after interviewing him about his experience in Lebanon. Agent Morales testified that he witnessed Father Jenco have three separate "flashbacks", that is, moments where Jenco appeared to be aloof of his surroundings and somewhat possessed and disturbed by different images or experiences.... In sum, the last 11 years of Fr. Jenco's life were indelibly marred by his kidnapping and torture.

Id. at 29-30.

Although the District Court's findings are more precise with respect to the effects of Fr. Jenco's ordeal on his siblings than on his nieces and nephews, there is no dispute that the nieces and nephews suffered emotional distress by virtue of the harm done to their uncle.

B. The Statutory Framework

Under the Foreign Sovereign Immunities Act ("FSIA"), foreign states generally enjoy immunity from suit in U.S. courts. 28 U.S.C. § 1604 ("Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States...."). However, in 1996 Congress enacted the "terrorism exception" to the FSIA under 28 U.S.C. § 1605(a)(7):

In 1996, as part of the comprehensive Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub.L. No. 104-132, § 221(a), 110 Stat. 1214 (Apr. 24, 1996), Congress amended the FSIA to add a new class of claims for which certain foreign states would be precluded from asserting sovereign immunity. Specifically, the amendment vitiates immunity in cases

in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources... for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency[.]

28 U.S.C. § 1605(a)(7). In enacting this provision, Congress sought to create a judicial forum for compensating the victims of terrorism, and in so doing to punish foreign states who have committed or sponsored such acts and deter them from doing so in the future. See Daliberti v. Republic of Iraq, 97 F.Supp.2d 38, 50 (D.D.C.2000); Molora Vadnais, The Terrorism Exception to the Foreign...