Eisenfeld v. Islamic Republic of Iran

• Decision Date: 11 July 2000
• Docket Number: No. Civ. 98-1945 RCL.,Civ. 98-1945 RCL.
• Citation: 172 F.Supp.2d 1
• Parties: Leonard I. EISENFELD, et al., Plaintiffs, v. THE ISLAMIC REPUBLIC OF IRAN, et al., Defendants.
• Court: U.S. District Court — District of Columbia

Page 1

172 F.Supp.2d 1

Leonard I. EISENFELD, et al., Plaintiffs, v. THE ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

No. Civ. 98-1945 RCL.

United States District Court, District of Columbia.

July 11, 2000.

COPYRIGHT MATERIAL OMITTED

Steven R. Perles, Washington, DC, for Plaintiffs.

The Islamic Republic of Iran, the Iranian Ministry of Information and Security, Ayatollah Ali Hoseini Khamenei, Ali Akbar Hashemi-Rafsanjani, Ali Fallahian-Khuzestani, and John Does, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LAMBERTH, District Judge.

This wrongful death action arises from an act of state-sponsored terrorism. Defendants have not entered an appearance in this matter. This Court entered Defendants' default on November 11, 1999, pursuant to 28 U.S.C. § 1608(e) and Fed. R.Civ.P. 55(a). Notwithstanding indicia of Defendants' willful default, however, this Court is compelled to make further inquiry prior to entering a judgment by default against Defendants. As with actions against the federal government, the Foreign Sovereign Immunities Act ("FSIA") requires that a default judgment against a foreign state be entered only after a plaintiff "establishes his claim or right to relief by evidence that is satisfactory to the Court." 28 U.S.C. § 1608(e); see also Flatow v. The Islamic Republic of Iran, et al., 999 F.Supp. 1, 6 (1998).

Plaintiffs bring this action pursuant to the FSIA, which establishes federal court jurisdiction over foreign states and their officials, agents and employees in certain enumerated instances. In particular, the FSIA creates a federal cause of action for personal injury or wrongful death resulting from acts of state-sponsored terrorism. This Court has engaged in a careful review of the evidence presented in this case, in light of Flatow, 999 F.Supp. 1, and the other reported cases under the antiterrorism provisions of the FSIA. See, e.g., Daliberti v. Republic of Iraq, 97 F.Supp.2d 38 (D.D.C.2000); Anderson v. The Islamic Republic of Iran, 90 F.Supp.2d 107 (D.D.C.2000); Cicippio v. The Islamic Republic of Iran, 18 F.Supp.2d 62 (D.D.C. 1998); Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla.1997). Based upon the extensive evidence presented, the Court concludes that the Plaintiffs have established their claim and right to relief as set forth below.

I. FINDINGS OF FACT

The Court heard testimony on May 1-2, 2000 and May 22, 2000. The Plaintiffs proceeded in the manner of a bench trial and the following findings of fact are based upon the sworn testimony and documents entered into evidence in accordance with the Federal Rules of Evidence. Plaintiffs have "established [their] claim or right to relief by evidence that is satisfactory to the Court," as required by 28 U.S.C. § 1608(e). This Court finds the following facts to be established by clear and convincing evidence, which would have been sufficient to establish a prima facie case in a contested proceeding:

(1) Plaintiff Dr. Leonard I. Eisenfeld, a resident of and domiciliary of the State of Connecticut, is the father of decedent Matthew Eisenfeld. He brings this action in his own right, as Administrator of the Estate of Matthew Eisenfeld, and on behalf of decedent's heirs-at-law, Vicki Eisenfeld, decedent's mother, Amy Eisenfeld, decedent's sister, and the Plaintiff, and on behalf of the Estate of Matthew Eisenfeld.

(2) Matthew Eisenfeld was born on February 5, 1971, in the United States of America, and was at birth and remained until his death, a citizen of the United States.

(3) Arline Duker, a resident and domiciliary of the State of New Jersey, is the mother of the decedent, Sara Rachel Duker. She brings this action in her own right, as Administrator of the Estate of Sara Rachel Duker, and on behalf of decedent's heirs at law, decedent's sisters, Tamara Duker and Ariella Duker, and the Plaintiff, and on behalf of the Estate of Sara Rachel Duker.

(4)Sara Rachel Duker was born on August 13, 1973, in the United States of America and was at birth and remained until her death, a citizen of the United States.

(5) Matthew Eisenfeld was a graduate of Yale University and was a student at the Jewish Theological Seminary at its facility in Israel beginning in the Fall of 1995 and was so engaged at the time of his death.

(6) Sara Rachel Duker was a graduate of Barnard College of Columbia University and was a student in a postgraduate program at the Hebrew University of Jerusalem beginning in the fall of 1995 and was so engaged at the time of her death.

(7) On February 25, 1996, Matthew Eisenfeld and Sara Rachel Duker boarded the Number 18 Egged bus in Jerusalem to journey to the archeological dig at Petra, Jordan.

(8) At or about 6:45 a.m. Jerusalem time, as the bus came to a stop on Yafo Street at the intersection with Sarae Yisrael Street, Magid Wardah, a passenger on the bus, detonated explosives which, at the direction of Hamas, he had carried onto the bus concealed in a travel bag, resulting in the complete destruction of the bus and hurling debris in excess of 100 meters.

(9) As a result of the explosion, Matthew Eisenfeld and Sara Rachel Duker suffered severe injuries, which resulted in their deaths.

(10) Matthew Eisenfeld was treated on the scene by emergency medical personnel immediately after the explosion, however, he expired from his wounds on February 25, 1996.

(11) Sara Rachel Duker expired from her wounds on the scene on February 25, 1996.

(12) The testimony of Dr. Jehuda Hiss, who performed the postmortem examination, established that death was not instantaneous for either Matthew Eisenfeld or Sara Rachel Duker, and that the mechanism of death in both cases was injury to the lungs caused by explosion and further that there was a period of pain and suffering of several minutes following the explosion.

(13) To a reasonable degree of medical certainty, Matthew Eisenfeld and Sara Rachel Duker, suffered extreme bodily pain and suffering for several minutes following the explosion before death.

(14) Plaintiff, Dr. Leonard I. Eisenfeld, and his wife, Vicki, were informed of the attack and of the death of his son, Matthew, on February 25, 1996, when the United States Department of State contacted them.

(15) Plaintiff, Arline Duker, was informed of the attack and of the death of her daughter, Sara Rachel, on February 25, 1996, when the United States Department of State contacted her.

(16) Hamas immediately claimed credit for the attack on the bus, which was verified in the statements to Israeli Police given by Hassan Salamah, the Hamas member who planned the attack. Salamah later corroborated Hamas' responsibility for the attack in a CBS Television, 60 Minutes interview.

(17) Hamas, the popular name for the Islamic Resistance Movement, is an organization supported by The Islamic Republic of Iran, dedicated to the waging of Jihad, or a holy war employing terrorism with the object of seizing the leadership of the Palestinian people and asserting sovereignty and the rule of the Muslim religion over all of Palestine, including all territory of the State of Israel.

(18) Hamas acknowledges support from Iran in the amount of $15,000,000.00 per month, funds which support both terrorism and a broad range of welfare activities as part of its program.

(19) The testimony of Dr. Reuven Paz and Dr. Patrick Clawson established conclusively that the Defendant, The Islamic Republic of Iran, and the other Defendants, knew of the purpose and objectives of Hamas, which were set forth in detail in the Charter of Hamas introduced into evidence as Plaintiff's Exhibit # 1.

(20) The conclusion of Dr. Paz and Dr. Clawson that The Islamic Republic of Iran had given material support to Hamas was further supported by the statements of Hassan Salamah to the Israeli Police¹ and to a CBS reporter during a 60 Minutes interview in which Hassan Salamah projected himself as relaxed and satisfied with his supervision of the murder of 50 people, including the decedents. In those statements, Hassan Salamah explained that after joining Hamas he went to the Sudan for indoctrination training, following which he was sent to Syria, from where he was transported by Iranian aircraft to a base near Tehran. Osamah Hamdan, the official representative of Hamas in Iran, met him in Tehran. For three months, Hassan Salamah was trained at the base outside Tehran by Iranian military instructors, assisted by translators, in the use of explosives, automatic weapons, hand grenades, use of R.P.G. and LAW missiles, terrorist methods of ambush, deactivation of land mines for extraction of explosive material, and trigger mechanism for various explosive materials. He sketched out two similar mechanisms, one of which was used in an operation at Gush Qatif in the Gaza Strip in 1995. According to the statements, all of his training in the use of explosives was received in Iran. The statements also include mention of meeting with Mohammed Deif,² commander of the military, terrorist wing of Hamas. Following completion of training, Hassan Salamah was sent back into Israel to carry out the series of terrorist attacks, which included the attack on the Number 18 Egged Bus on February 25, 1996.

(21) Defendant, the Islamic Republic of Iran, is a foreign state and has been designated a state sponsor of terrorism pursuant to section 6(j) of the Export Administration Act of 1979, 50 U.S.C.App. § 2405(j) continuously since January 19, 1984.

(22) As further testified to by Dr. Paz and Dr. Clawson, Defendants, Ayatollah Ali Hoseini Khamenei, Ali Akbar Hashemi-Rafsanjani, and Ali Fallahian-Kuzestani were high officials of defendant, The Islamic Republic of Iran, on February 25, 1996, whose approval would be necessary to carry out the economic commitment of Iran to Hamas and the training of terrorists in Iran.

(23) Defendant the Iranian Ministry of Information and Security is the Iranian intelligence service, functioning both within and beyond Iranian territory. Acting as...