Mohamad v. Palestinian Authority
132 S. Ct. 1702
| SCOTUS | 2012Background
- TVPA allows civil action against an “individual” under color of law of a foreign nation for torture or extrajudicial killing; intends to cover natural persons only.
- Petitioners are relatives of Azzam Rahim, a naturalized U.S. citizen who was arrested, tortured, and killed in Jericho in 1995 by Palestinian Authority officials.
- State Department report (1995) states Rahim died in PA custody in Jericho.
- In 2005 petitioners filed TVPA claims against the Palestinian Authority and the Palestine Liberation Organization; district court dismissed, agreeing “individual” means natural persons.
- DC Circuit affirmed the dismissal; Supreme Court granted certiorari to resolve a circuit split on whether TVPA extends to non-natural entities.
- Court holds that “individual” in TVPA encompasses only natural persons, not organizations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TVPA extends to non-natural entities | Petitioners argued Congress intended broader liability. | Mohamad argued “individual” means only natural persons. | TVPA liability limited to natural persons. |
| How to interpret the term “individual” | Petitioners contend broader meanings are possible under context/history. | Court should apply ordinary meaning; context supports natural persons only. | Plain-text reading controls; ordinary meaning yields natural persons only. |
| Role of legislative history | Leg history suggests broader scope beyond individuals. | Text alone suffices; history not needed. | Text unambiguous; history not overriding. |
Key Cases Cited
- FCC v. AT&T Inc., 131 S. Ct. 1171 (2011) (use ordinary meaning when term undefined)
- Goodyear Dunlop Tires Operations, S. A, v. Brown, 564 U.S. 915 (2011) (distinguishes individuals vs. corporations)
- Clinton v. City of New York, 524 U.S. 417 (1998) (statutory context can reveal meaning of terms)
- Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (respect Congress’ delineation of categories)
- Mohamad v. Rajoub, 634 F.3d 604 (D.C. Cir. 2011) (TVPA liability limited to natural persons (circuit decision discussed))