Braun v. Islamic Republic of Iran
228 F. Supp. 3d 64
| D.D.C. | 2017Background
- On Oct. 22, 2014 a vehicular attack in Jerusalem killed three-month-old U.S. citizen Chaya Zissel Braun and injured her parents; Hamas claimed the attacker as a martyr. Plaintiffs are family members and the decedent’s estate.
- Plaintiffs sued Iran, the Iranian Ministry of Information and Security (MOIS), and Syria under the FSIA terrorism exception (28 U.S.C. § 1605A), alleging the states provided material support to Hamas that caused the extrajudicial killing.
- Defendants did not appear; plaintiffs effected service under 28 U.S.C. § 1608 and the Clerk entered defaults. Plaintiffs moved for default judgment supported by declarations and expert reports.
- The court considered jurisdictional and merits issues under Rule 55 and § 1608(e)’s requirement that claims be proved by evidence satisfactory to the court, taking uncontroverted admissible allegations as true.
- The court found the § 1605A elements satisfied (state-sponsor designation, U.S. nationality, material support causing extrajudicial killing) and personal jurisdiction via proper service; it held defendants liable for wrongful death, survival, assault, battery, and intentional infliction of emotional distress.
- The court awarded compensatory and punitive damages: $1,000,000 survival (estate); $2,500,000 pain and suffering each to Chana and Shmuel; $6,250,000 solatium each to Chana and Shmuel; $2,500,000 solatium each to four grandparents; $150,000,000 punitive (total award $178,500,000).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction under FSIA §1605A (terrorism exception) | Plaintiffs: Iran and Syria are designated state sponsors of terrorism; victims/plaintiffs are U.S. nationals; Hamas committed an extrajudicial killing and defendants gave material support causing it. | Defendants defaulted (no opposing arguments). | Court: §1605A elements met; sovereign immunity abrogated; federal jurisdiction proper. |
| Personal jurisdiction / service under 28 U.S.C. §1608 | Plaintiffs: Service was effected per §1608 (Syria via mail; Iran/MOIS via diplomatic channels). | Defendants defaulted. | Court: Service satisfied §1608; personal jurisdiction exists. |
| Liability / causation for material support to Hamas | Plaintiffs: Experts and contemporaneous Hamas statements show attacker was Hamas operative and Hamas received financial, training, weapons, and sanctuary from Iran/Syria; that support rendered defendants liable for the extrajudicial killing. | Defendants defaulted. | Court: Uncontroverted evidence proved defendants provided material support and thus are liable for torts arising from the attack. |
| Damages quantum (compensatory, solatium, punitive) | Plaintiffs: Seek economic, pain & suffering, solatium, punitive damages; offered medical/expert declarations and precedent-based frameworks (Heiser, baseline awards). | Defendants defaulted. | Court: Awards: $1,000,000 survival (estate); $2,500,000 pain & suffering each to parents; $6,250,000 solatium each to parents (25% enhancement); $2,500,000 solatium each to four grandparents; $150,000,000 punitive; no economic (lost earnings) award due to lack of proof. |
Key Cases Cited
- Jackson v. Beech, 636 F.2d 831 (D.C. Cir. 1980) (default judgments disfavored; entry appropriate where adversary process halted)
- Mwani v. bin Laden, 417 F.3d 1 (D.C. Cir. 2005) (plaintiff may make prima facie showing of personal jurisdiction in absence of evidentiary hearing)
- James Madison Ltd. by Hecht v. Ludwig, 82 F.3d 1085 (D.C. Cir. 1996) (court retains obligation to determine subject-matter jurisdiction despite default)
- Mohammadi v. Islamic Republic of Iran, 782 F.3d 9 (D.C. Cir. 2015) (elements for jurisdiction under §1605A explained)
- Han Kim v. Democratic People’s Republic of Korea, 774 F.3d 1044 (D.C. Cir. 2014) (courts must adjust evidentiary requirements and draw findings from admissible testimony in FSIA defaults)