Anderson v. the Islamic Republic of Iran

• Decision Date: 01 December 2010
• Docket Number: No. 08–cv–535 (RCL).,08–cv–535 (RCL).
• Citation: 753 F.Supp.2d 68
• Parties: Emma Jean ANDERSON, et al., Plaintiff,v.THE ISLAMIC REPUBLIC OF IRAN, et al., Defendants.
• Court: U.S. District Court — District of Columbia

753 F.Supp.2d 68

Emma Jean ANDERSON, et al., Plaintiff,

v.THE ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

No. 08–cv–535 (RCL).

United States District Court, District of Columbia.

Dec. 1, 2010.

Joseph Peter Drennan, Joseph Peter Drennan, Attorney–at–Law, Alexandria, VA, Thomas Fortune Fay, Fay Kaplan Law, PA, Washington, DC, for Plaintiffs.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.I. INTRODUCTION

This action arises out of the devastating 1983 bombing of the U.S. Marine barracks in Beirut, Lebanon. The attack decimated the facility, killed 241 U.S. servicemen and left countless others wounded, and caused severe injuries to servicemen Dennis Jack Anderson, Jr., Pedro J. Alvarado and Willie George Thompson. Various family members of these three servicemen now bring suit against defendants Islamic Republic of Iran (“Iran”) and the Iranian Ministry of Information and Security (“MOIS”). Their action is brought pursuant to the state-sponsored exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et seq., which was enacted as part of the National Defense Authorization Act for Fiscal Year 2008 (“NDAA”). Pub. L. No. 110–181, § 1083, 122 Stat. 3, 338–44 (2008). That provision, codified at 28 U.S.C. § 1605A, provides “a federal right of action against foreign states.” Simon v. Republic of Iraq, 529 F.3d 1187, 1190 (D.C.Cir.2008). In particular, plaintiffs allege that defendants, by both creating and supporting the terrorist organization Hezbollah and directing that organization to take ‘spectacular action against the United States Marines' stationed in Lebanon, are legally responsible for the severe mental anguish and emotional toll that the barracks bombing wreaked upon them. For the reasons set forth below, the Court finds that plaintiffs have provided sufficient proof to support their causes of action, and determines that defendants are liable under the FSIA's state-sponsored terrorism exception.

II. PROCEDURAL HISTORYA. Prior Beirut Bombing Litigation

There is a lengthy history of litigation before this Court concerning the 1983 bombing of the U.S. Marine barracks in Beirut. In the seminal case, Peterson v. Islamic Republic of Iran, dozens of plaintiffs consisting of family members of the 241 deceased servicemen, as well as several injured survivors of the attack, sued defendants Iran and MOIS, seeking to hold them liable for the horrific act under the former state-sponsored terrorism exception, which at that time was codified at 28 U.S.C. § 1605(a)(7). 264 F.Supp.2d 46, 48 (D.D.C.2003) (Lamberth, J.). Over two days in March of 2003, the Court conducted a bench trial at which it heard testimony from lay and expert witnesses and received documentary evidence concerning the horrific attack, the grave injuries many suffered, defendants' involvement in the bombing, and their support for international terrorism more broadly. See generally id. at 48–59 (discussing evidence and findings of fact). Based on that evidence, the Court found “that it is beyond question that Hezbollah and its agents received massive material and technical support from the Iranian government .... [and] that it is highly unlikely that this attack could have resulted in such loss of life without the assistance of regular military forces, such as those of Iran.” Id. at 58. The Court then determined, as a legal matter, that “MOIS actively participated in the attack” and was “acting as an agent of ... Iran” when doing so, and thus defendants Iran and MOIS were “jointly and severally liable to the plaintiffs” for damages. Id. at 61. The Court left the determination of damages in Peterson to another day following further findings of fact by several special masters appointed to assist the Court. Id. at 65.

Several new suits against Iran and MOIS were filed in the wake of the determination of defendants' liability in Peterson. Of greatest importance for these purposes is the case of Valore v. Islamic Republic of Iran, in which three servicemen at the center of this case were plaintiffs. 700 F.Supp.2d 52, 61 n. 1 (D.D.C.2010) (Lamberth, J.). In addition, various family members of these three servicemen “brought claims for intentional infliction of emotional distress, seeking solatium.” Id. at 60 & 61 n. 4.¹ The Court, relying extensively on the evidence presented in Peterson, determined that “defendants are liable for extrajudicial killing and the provision of material support and resources for such killing, which was committed by officials, employees, and agents of defendants; which caused injury under several theories of liability; and for which the Court has jurisdiction for money damages.” Id. at 80–81. The Court then awarded compensatory and punitive damages, totaling $290,291,092 and $1,000,000,000, respectively. Murphy v. Islamic Republic of Iran, 740 F.Supp.2d 51, 81–83, No. 06 Civ. 596, 2010 WL 3732024, *27–28, 2010 U.S. Dist. LEXIS 101250, *80 (D.D.C. Sep. 24, 2010) (summarizing awards in Valore ). Subsequent to the opinion in Valore, several other cases related to the 1983 attack, including this one, remained pending before this Court.

B. This Action

While the claims brought by servicemen Dennis Jack Anderson, Jr., Pedro J. Alvarado, and Willie George Thompson, and some of their family members was pending before this Court in Valore, plaintiffs here, who are other family members of these servicemen not included in the Valore suit, brought a separate action under former § 1605(a)(7). Complaint, Mar. 27, 2008[3]. Then, following the enactment of the NDAA, plaintiffs filed an Amended Complaint seeking retroactive application of § 1605A under the related action procedures found in the NDAA. Amended Complaint ¶ 1, Nov. 25, 2009[6]. Plaintiffs here are the mother, father ² and brother of serviceman Anderson, the estates of serviceman Alvarado's parents, and the estate of serviceman Thompson's father. Id. In the Complaint, plaintiffs allege the same essential facts concerning the barracks bombing that were established by sufficient evidence in Peterson, id. at ¶¶ 2, 6–9, and set forth claims of intentional infliction of emotional distress against the defendants. Id. at ¶¶ 10–15. The Complaint also states a separate claim for “Exemplary Damages,” in which plaintiffs allege that defendants' conduct was “malicious, misanthropic, willful, unlawful, and in wanton disregard of life and the standards of law which govern the actions of civilized nations.” Id. ¶ 17.

Plaintiffs served copies of the relevant papers, along with translations, by diplomatic channels through the U.S. Department of State, as required by 28 U.S.C. § 1608(a)(4). According to the diplomatic note, service was effected June 1, 2010. Return of Service/Affidavit, Aug. 20, 2010[21]. Under the terms of § 1605A, defendants had 60 days from that date—until August 1, 2010—to respond. 28 U.S.C. § 1608(d). In early November, after none of the defendants had appeared or responded to the Amended Complaint, the Clerk of the Court entered default on their behalf. Clerk's Entry of Default, Nov. 5, 2010 [27]. Plaintiff subsequently requested that this Court take judicial notice of the proceedings in Peterson, and moved for default judgment. Motion for Default Judgment, Nov. 5, 2010[26]. Based on that motion, the record, and facts available for judicial notice, the Court makes the following findings of fact and conclusions of law.

III. FINDINGS OF FACT

The Clerk of the Court entered defendants' default on November 5, 2010. However, prior to entry of final default judgment, the FSIA requires that courts evaluate the evidence before them to ensure that plaintiffs have established their right to relief “by evidence that is satisfactory to the court.” 28 U.S.C. § 1608(e). This requirement “imposes a duty on FSIA courts to not simply accept a complaint's unsupported allegations as true, and obligates courts to inquire further before entering judgment against parties in default.” Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 171, No. 08 Civ. 1615, 2010 WL 4628317, at *4, 2010 U.S. Dist. LEXIS 120991, at *13–14 (D.D.C. Nov. 16, 2010) (internal quotations omitted).

In considering whether to enter default judgment, courts in FSIA cases look to various sources of evidence to satisfy their statutory obligation. Courts may, for example, rely upon plaintiffs' “ ‘uncontroverted factual allegations, which are supported by ... documentary and affidavit evidence.’ ” Valore, 700 F.Supp.2d at 59 (alteration in original; quoting Int'l Road Fed'n v. Democratic Republic of the Congo, 131 F.Supp.2d 248, 252 n. 4 (D.D.C.2001)). In addition to more traditional forms of evidence—testimony and documentation—plaintiffs in FSIA cases may also submit evidence in the form of affidavits. Blais v. Islamic Republic of Iran, 459 F.Supp.2d 40, 53 (D.D.C.2006) (citing Bodoff v. Islamic Republic of Iran, 424 F.Supp.2d 74, 82 (D.D.C.2006)). Finally, a FSIA court may “ ‘take judicial notice of related proceedings and records in cases before the same court.’ ” Valore, 700 F.Supp.2d at 59 (quoting Brewer v. Islamic Republic of Iran, 664 F.Supp.2d 43, 50–51 (D.D.C.2009)). Here, plaintiffs rely entirely on this final form of evidence in support of their motion for default judgment.

A. Judicial Notice of Prior Related Cases

Under the Federal Rules of Evidence, courts are permitted to take judicial notice of facts “not subject to reasonable dispute” where those facts are either “generally known within the territorial jurisdiction” or are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201(b). This rule permits courts to take judicial notice of court records in related proceedings. 29 Am. Jur. 2d Evidence § 151 (2010); see also Booth v. Fletcher, 101 F.2d 676, 679 n. 2 (D.C.Cir.1938) (“A court may take judicial notice of, and give effect to, its own records in another but interrelated proceeding....”); 2...