Kasippillai Manoharan v. Percy Rajapaksa
711 F.3d 178
D.C. Cir.2013Background
- Plaintiffs sue the sitting president of Sri Lanka under the Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350 note.
- The defendant appeared to challenge immunity and the State Department filed a Suggestion of Immunity.
- The district court dismissed the suit after the State Department’s immunity determination.
- On appeal, plaintiffs contend the TVPA overrides common-law head-of-state immunity.
- The court applies the Samantar two-step framework and concludes the common-law immunity survives the TVPA.
- The case affirms dismissal based on head-of-state immunity while the president remains in office.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the TVPA abrogates head-of-state immunity. | TVPA renders an individual liable regardless of immunity. | Common-law head-of-state immunity survives the TVPA. | TVPA did not abrogate head-of-state immunity; immunity applies. |
Key Cases Cited
- Samantar v. Yousuf, 560 U.S. 682 (2010) (establishes two-step immunity framework and consults executive determinations)
- Habyarimana v. Kagame, 696 F.3d 1029 (10th Cir. 2012) (recognizes common-law immunity concepts in context of foreign officials)
- Matar v. Dichter, 563 F.3d 9 (2d Cir. 2009) (applies two-step framework to immunity claims)
- Ye v. Zemin, 383 F.3d 620 (7th Cir. 2004) (discusses immunity and related doctrines)
- Spacil v. Crowe, 489 F.2d 614 (5th Cir. 1974) (early treatment of immunity principles)
- Republic of Mexico v. Hoffman, 324 U.S. 30 (1945) (accepts executive immunity determinations for vessels)
- Saltany v. Reagan, 886 F.2d 438 (D.C. Cir. 1989) (district court jurisdiction tied to immunity determinations)
- Malley v. Briggs, 475 U.S. 335 (1986) (cites limits on abrogating immunity with general relief language)