Kurd v. Republic of Turk.

• Decision Date: 18 March 2019
• Docket Number: Civil Action No. 18-1117 (CKK)
• Citation: 374 F.Supp.3d 37
• Parties: Kasim KURD, et al., Plaintiffs v. REPUBLIC OF TURKEY, et al., Defendants.
• Court: U.S. District Court — District of Columbia

374 F.Supp.3d 37

Kasim KURD, et al., Plaintiffs

v.REPUBLIC OF TURKEY, et al., Defendants.

Civil Action No. 18-1117 (CKK)

United States District Court, District of Columbia.

Filed March 18, 2019

Agnieszka M. Fryszman, Douglas James McNamara, Cohen Milstein Sellers & Toll PLLC, Washington, DC, Joshua Colangelo-Bryan, Mark S. Sullivan, Pro Hac Vice, Dorsey & Whitney, LLP, New York, NY, Michael Edward Tigar, Oriental, NC, for Plaintiffs.

Cathy A. Hinger, Mark E. Schamel, Womble Bond Dickinson (US) LLP, David Barry Benowitz, Glenn Frederick Ivey, Price Benowitz LLP, Washington, DC, Victoria Bruno, Womble Bond Dickinson (US) LLP, Baltimore, MD, for Defendants.

Memorandum Opinion

COLLEEN KOLLAR-KOTELLY, United States District Judge

This case deals with events that took place at a May 2017 protest over Turkish President Recep Erdogan's visit to the District of Columbia. Plaintiffs were protesting President Erdogan's policies when they allege that they were attacked by Defendants who include the Republic of Turkey, Turkish security forces, and civilian Defendants. As is relevant to this Memorandum Opinion, Plaintiffs have filed five claims against civilian Defendants Eyup Yildirim, Sinan Narin, and Alpkenan Dereci: assault, battery, intentional infliction of emotional distress, hate crimes under D.C. Code § 22-3704, and civil rights violations pursuant to 42 U.S.C. § 1985. Defendants have moved to dismiss each claim, either in part of in full, for failure to state a claim for which relief may be granted.

Now before the Court are Defendants E. Yildirim and Narin's [21] Partial Motion to Dismiss Plaintiffs' Complaint and Defendant A. Dereci's [32] Partial Motion to Dismiss Plaintiffs' Complaint. Upon consideration of the pleadings,¹ the relevant legal authorities, and the record as a whole, the Court GRANTS IN PART and DENIES IN PART DENIES Defendants E. Yildirim and Narin's Partial Motion to Dismiss and Defendant A. Dereci's Partial Motion to Dismiss. The Court concludes that Plaintiffs have failed to state a claim for (1) conspiracy to commit battery, (2) intentional infliction of emotion distress as to Plaintiff Jalal Kheirabadi, and (3) violation of civil rights under 42 U.S.C. § 1985. Accordingly, these claims are DISMISSED WITHOUT PREJUDICE. However, the Court concludes that Plaintiffs have otherwise stated claims for which relief may be granted.

I. BACKGROUND

For the purposes of the motions before the Court, the Court accepts as true the well-pled allegations in Plaintiffs' Complaint. The Court does "not accept as true, however, the plaintiff's legal conclusions or inferences that are unsupported by the facts alleged." Ralls Corp. v. Comm. on Foreign Inv. in U.S. , 758 F.3d 296, 315 (D.C. Cir. 2014).

There are fifteen Plaintiffs bringing claims in this case against the Republic of Turkey, Turkish security forces, and five civilian Defendants. See generally Compl., ECF No. 1. Plaintiffs' claims arise out of a May 2017 visit by Turkish President Erdogan and Turkish Foreign Minister Mevlut Cavusoglu to the District of Columbia. Id. at ¶ 51. Their trip included a planned visit to the White House. Id. Upon learning that President Erdogan would be visiting the White House, leaders of the local Kurdish community planned a protest and applied for and were granted a permit to protest. Id. at ¶ 53. The Kurdish leaders intended to protest President Erdogan's treatment of the Kurdish ethnic minority in Turkey and other allegedly repressive practices. Id. at ¶¶ 45-50.

During President Erdogan's White House visit, Plaintiffs and other individuals gathered in front of the White House "to express their opposition to the repression and abuses of the Erdogan regime." Id. at ¶ 55. Also at the White House was a group that supported President Erdogan. But, the two groups remained separated. Id. at ¶ 56.

Following his White House visit, President Erdogan planned to go to the Turkish Ambassador's Residence. Id. at ¶ 57. A group of anti-Erdogan protesters, including Plaintiffs, also went to the Ambassador's Residence in order to continue the protest. Id. at ¶ 58. When they arrived, a group of pro-Erdogan civilians, Turkish security officials, and individuals who appeared to be staff members from the Turkish delegation were already at the Residence. Id. at ¶ 59. Plaintiffs allege that this group included people who had accepted the Turkish Ambassador's invitation to come to the District of Columbia to show support for President Erdogan. Id. Defendants E. Yildirim, Narin, and A. Dereci were civilian members of the pro-Erdogan group. Id.

Members of the pro-Erdogan group carried Turkish flags, while the protesters carried signs pertaining to Kurdish rights. Id. at ¶¶ 60, 62, 63. The protesters were outnumbered by the pro-Erdogan group and gathered on the sidewalk across from the Residence. Id. at ¶ 62. Plaintiffs allege that the pro-Erdogan group yelled threats and anti-Kurdish slurs at the protesters. Id. at ¶ 65. However, the pro-Erdogan group and the protesters were separated by Metropolitan Police Department officers and United States Secret Service officers who stood between the two groups, facing the pro-Erdogan group. Id. at ¶ 66.

Despite the presence of the law enforcement officers, Plaintiffs allege that members of the pro-Erdogan group pushed past the officers and physically attacked the protesters. The attackers allegedly repeatedly hit, punched, and kicked the protesters, including Plaintiffs. Plaintiffs allege that Defendants E. Yildirim, Narin, and A. Dereci each participated in the attack. Id. at ¶¶ 67, 68. Plaintiffs specifically allege that during the first attack Defendant A. Dereci repeatedly punched Plaintiff Kheirabadi. Id. at ¶ 167. Plaintiffs also allege that Defendant E. Yildirim threatened and physically beat Plaintiff Kheirabadi during this first attack. Id. at ¶ 166.

According to Plaintiffs, the first attack ended relatively quickly. Id. at ¶ 69. Following the first attack, law enforcement allegedly created a cordon to keep the pro-Erdogan group on the sidewalk and away from the protesters. Id. at ¶ 70. Despite this cordon, Plaintiffs allege that the pro-Erdogan supporters continued to attempt to bypass the officers. Id. at ¶ 71. During this time, Plaintiffs also allege that the pro-Erdogan group continued to yell ethnic slurs and make threats. Id. at ¶ 72. Additionally, Plaintiffs claim that the pro-Erdogan group played a Turkish nationalist song over a loud speaker. Id. at ¶ 78.

After the first attack, one of the Defendants allegedly told a law enforcement officer, "we are waiting [for] you to take them out, because President [Erdogan] is coming. If you don't take ... I will take." Id. at ¶ 74. Plaintiffs further claim that the Turkish Ambassador to the United States told a law enforcement officer, "I am the ambassador. You cannot let this ... you cannot touch us." Id. at ¶ 75. And, Defendant E. Yildirim allegedly yelled at a law enforcement officer warning of potential violence if the protesters continued. Id. at ¶ 76. Defendant E. Yildirim also allegedly called the protesters "dirty bastards" and yelled "shut the fuck up, bitch!" to a protester. Id. Plaintiffs further claim that Defendant Narin called on the pro-Erdogan group to line up in the street, ignoring the commands of law enforcement. Id. at ¶ 77. Defendant Narin explained that he was ignoring law enforcement's orders because "[m]y President is coming, I don't want them to be over there." Id.

At some point during or shortly after the first attack, Plaintiffs allege that President Erdogan arrived at the Residence. President Erdogan remained in his car in the driveway of the Residence. Id. at ¶ 79. Plaintiffs allege that President Erdogan's head of security, Mushin Kose, leaned into President Erdogan's car to confer with the President. Id. Plaintiffs claim that President Erdogan ordered a second attack on the protesters. Id. at ¶ 80. According to Plaintiffs, after speaking with President Erdogan, Mr. Kose communicated with other Turkish security officials both in person and through an electronic communication device. Those Turkish security officials then hurried toward the protesters. Id. Moments later, Plaintiffs allege that Turkish security officials and civilian Defendants broke through the law enforcement cordon in a "coordinated" fashion. Id. at ¶ 81.

Plaintiffs claim that the second attack was longer and more violent than the first. Id. Plaintiffs allege that Turkish security officials and civilian Defendants bypassed the law enforcement cordon and chased, kicked, punched, and grabbed protesters. Plaintiffs allege that the violence was unrelenting and that the attackers surrounded and kicked protesters who had fallen onto the ground. Id. During the attack, Plaintiffs claim that the attackers yelled anti-Kurdish slurs and threats. Id. at ¶ 82. Plaintiffs further claim that United States law enforcement officers attempted to stop the attack, but the attackers would not listen. Id. at ¶ 86.

Specifically, Plaintiffs allege that during the second attack Defendants E. Yildirim and Narin attacked Plaintiff Elif Genc by repeatedly kicking her and threatening her. Id. at ¶ 160. Plaintiffs further assert that Defendant E. Yildirim kicked Plaintiff Murat Yasa in his body and threatened Plaintiff Yasa by telling him that he would make life miserable for the Kurds. Id. at ¶¶ 188, 191.

Eventually, law enforcement officers were able to stop the attack. Following the attack Plaintiffs claim that Defendants tore up and threw the protesters' signs. Id. at ¶ 89. Plaintiffs contend that Defendant E. Yildirim stomped on one of the protester's flags. Id.

In the days after the attack, multiple members of the United States government condemned the attacks. Id. at ¶¶ 196-207. In June 2017, the United States Attorney's Office charged Defendant Narin with aggravated assault and assault and Defendant E. Yildirim with aggravated assault and assault with significant bodily injury, all committed...