Barot v. Embassy of Republic of Zambia
415 U.S. App. D.C. 67
| D.C. Cir. | 2015Background
- Barot, a former Embassy of Zambia employee, sued in DC federal court under Title VII, ADEA, EPA, and later the Wage Act.
- FSIA § 1608(a)(3) requires serving the head of the ministry of foreign affairs, since earlier methods were unavailable.
- The district court granted Barot in forma pauperis status and directed service on the Embassy, which was improper under 1608(a)(3).
- Barot provided the minister’s name and Lusaka MOFA address, but the district court shifted between 1608(a)(3) and 1608(b) procedures.
- Barot’s subsequent attempts included sending materials to the Embassy in DC and, later, to Lusaka with MOFA contact details; a formal 1608(a)(3) mail was later attempted.
- The district court dismissed Barot’s complaint without prejudice for improper service, and Barot appealed arguing error in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by dismissing for service failure under 1608(a)(3). | Barot nearly complied; good faith; prospect of obtaining service; prejudice to Barot; Embassy showed no real prejudice. | Strict compliance required; address must name head of MOFA; service to Embassy or misaddressed mail fails. | Yes; the district court abused discretion and dismissal reversed. |
Key Cases Cited
- Transaero, Inc. v. La Fuerza Aerea Boliviana, 30 F.3d 148 (D.C. Cir. 1994) (strict compliance required for 1608(a)(3))
- Novak v. World Bank, 703 F.2d 1305 (D.C. Cir. 1983) (reasonable prospect of service controls dismissal risk)
- Freedom Watch, Inc. v. Org. of the Petroleum Exporting Countries, 766 F.3d 74 (D.C. Cir. 2014) (abuse-of-discretion review for service of process)