Nattah v. Bush
770 F. Supp. 2d 193
D.D.C.2011Background
- Nattah sues L-3 Services and several federal officials alleging breach of contract, detention, and coercive use as an interpreter/soldier in the Iraq War, plus failure to grant veterans benefits.
- On remand, the court considers (1) non-monetary claims against the Secretary of the Army, (2) whether sovereign immunity or military-authority exceptions apply, and (3) whether L-3's breach-of-contract claim is viable.
- The DC Circuit remanded to allow non-monetary claims against the Secretary and breach-of-contract claim against L-3 to proceed, but did not endorse continued suits beyond those limits.
- Plaintiff moved for miscellaneous relief asserting collateral estoppel, waiver, and law-of-the-case protections; the court rejects broad barring of defendants’ arguments by those doctrines.
- Defendants move to dismiss certain claims on sovereign immunity, military authority, statute of limitations, and statute-of-frauds grounds; the court grants in part and denies in part.
- The court concludes: (i) claims against the Secretary are barred by the military-authority exception to the APA waiver of sovereign immunity; (ii) the slavery, Geneva Convention, international-law, and travel claims against the Secretary are not viable or moot; (iii) the breach-of-contract claim against L-3 is untimely and barred by Virginia’s statute of frauds; and (iv) miscellaneous-relief motion is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity and APA military exception applicability | Nattah seeks non-monetary relief against the Secretary. | Military-authority exception bars review; APA waiver does not apply. | Military-authority exception bars jurisdiction; claims dismissed. |
| Geneva Convention private-right-of-action viability | Geneva Convention provides private rights of action. | Geneva Convention not self-executing; no private right of action. | Geneva Convention claims not actionable in private suit. |
| Slavery claim under Thirteenth Amendment/TVPA viability | Thirteenth Amendment/TVPA create private remedies. | No private right of action; acts occurred abroad; statutes not retroactive. | Slavery claims fail; no private right of action. |
| Right to travel claim viability | Interpreted as violation of right to travel. | No plausible interstate or international travel violation. | Claim fails to plead viable right to travel. |
| Statute of limitations and Virginia statute of frauds on breach claim against L-3 | Tolling due to captivity; at-will contract not barred. | Contract breach occurred by 2003; untimely; Virginia statute of frauds bars enforcement. | Breach claim untimely and barred by statute of frauds. |
Key Cases Cited
- Nattah II, v. Bush, 605 F.3d 1054 (D.C. Cir. 2010) (remanded for non-monetary claims and breach against L-3; APA issues; sovereign immunity)
- Nattah I, v. Bush, 541 F. Supp. 2d 223 (D.D.C. 2008) (initial dismissal; contract and sovereign-immunity rulings)
- Tel-Oren v. Libyan Arab Republic, 726 F.2d 774 (D.C. Cir. 1984) (private enforcement of treaties not automatic; non-self-executing treaty)
- Holland v. Bd. of Trustees of Univ. of the Dist. of Columbia, 794 F. Supp. 420 (D.D.C. 1992) (private rights under Thirteenth Amendment; government enforcement)
- Qualls v. Rumsfeld, 357 F. Supp. 2d 274 (D.D.C. 2005) (military authority context; time-of-war considerations under APA)