Ali Shafi v. Palestinian Authority, 395 U.S. App. D.C. 267

Ali Shafi and wife sue PA and PLO under ATS for torture and abuse in 2001–2002 during the Intifada.
Allegations: Shafi tortured by PA security forces; he confessed under coercion and faced death sentence; Red Cross visitation occurred during imprisonment.
District court dismissed for lack of ATS jurisdiction; TVPA preemption argued but not reached.
Plaintiffs also asserted derivative negligence claims for their child under Israeli law, pursued under supplemental jurisdiction.
Appellate court affirms dismissal, holding ATS does not provide jurisdiction over nonstate actors for torture; declines pendent jurisdiction over Israeli-law claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does ATS provide jurisdiction for torture claims against nonstate actors?	Shafi argues ATS covers torture by nonstate actors like the PLO.	PA/PLO contends ATS lacks jurisdiction over nonstate actors for torture.	No ATS jurisdiction over nonstate actors.
Does TVPA preempt ATS claims here?	Not necessary; seeks ATS relief, TVPA premised on different theory.	TVPA preempts private torture claims under ATS.	Preemption not necessary to decide; ATS claims dismissed on other grounds.
Should district court exercise supplemental jurisdiction over the Israeli-law negligence claim?	pendent jurisdiction should retain the negligence claim.	District court may decline supplemental jurisdiction for foreign claims.	District court did not abuse discretion; decline pendent jurisdiction.

Tel-Oren v. Libyan Arab Republic, 726 F.2d 774 (D.C.Cir. 1984) (ATS does not extend to nonstate actors for torture)
Sosa v. Alvarez-Machain, 542 U.S. 692 (Supreme Court, 2004) (limits judicial creation of private international-law claims; cautions on deferring to Congress)
Kadić v. Karadžić, 70 F.3d 232 (2d Cir. 1995) (genocide by private actors recognized as ATS claim (cited by Sosa) but not controlling here)