289 F. Supp. 3d 231
D. Me.2017Background
- Plaintiff Sherry Sullivan seeks enforcement in federal court of a 2009 Maine default judgment awarding $21,000,000 against the Republic of Cuba for the alleged extrajudicial killing of her father, Geoffrey Sullivan, who disappeared in 1963 during anti‑Castro operations.
- The Maine Superior Court found facts suggesting Geoffrey Sullivan was captured and imprisoned by Cuba and concluded his indefinite detention culminated in a legally declared death, treating that as an "extrajudicial killing."
- Sullivan filed in federal court to enforce the state judgment so she can access a federal victims’ fund for judgments against state sponsors of terrorism; Cuba was designated a state sponsor of terrorism in 1982.
- Cuba defaulted in the federal proceeding; the district clerk entered default and Sullivan moved for default judgment under the FSIA terrorism exception, attaching hearsay‑heavy evidence and eyewitness reports suggesting Sullivan was alive in Cuban custody into the 1970s–1990s.
- The district court held an evidentiary hearing, received testimony and exhibits (primarily hearsay and third‑hand reports), and asked Sullivan to show she is the legal representative of her father’s estate; she did not provide appointment or heir documentation.
- The court denied the motion and dismissed for lack of subject matter jurisdiction, ruling Sullivan failed to prove an extrajudicial killing (and thus failed §1605A jurisdiction and §1608(e) evidentiary requirements).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FSIA terrorism exception (§1605A) applies | Sullivan: state court found indefinite detention culminating in legal death = extrajudicial killing; evidence shows father imprisoned after 1982 when Cuba was a sponsor of terrorism | Cuba: defaulted but sovereign immunity still requires court to independently assess jurisdiction; no direct evidence linking Cuba to an intentional killing | Court: denied — plaintiff failed to show deliberate extrajudicial killing; §1605A does not apply |
| Whether federal court must accept state court’s jurisdictional finding | Sullivan: federal court should defer to state court findings and need not re‑weigh | Court/Cuba: federal court must independently assess subject‑matter jurisdiction over a foreign state | Court: federal court not bound by state court; must independently assess jurisdiction and did so |
| Sufficiency of evidence under 28 U.S.C. §1608(e) to support default judgment | Sullivan: leniency warranted given hostile foreign sovereign; hearsay compilations and eyewitness reports suffice | Court: evidence is multiple layers of hearsay, speculative, lacks direct or corroborating proof of killing or conditions amounting to deliberate maltreatment | Court: evidence unsatisfactory; plaintiff failed to establish claim by evidence satisfactory to the court |
| Plaintiff’s standing/representation of decedent’s estate | Sullivan: brings suit to enforce state judgment; previously asserted successor/heir status in state court | Court/Cuba: Sullivan produced no documents appointing her legal representative or proving sole heir; inconsistency with SSA finding of 1963 death | Court: troubling gaps; lack of estate appointment undermines award enforcement though court’s dismissal rests on jurisdictional grounds |
Key Cases Cited
- Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (federal courts rely on FSIA as sole basis to obtain jurisdiction over foreign states)
- Vera v. Republic of Cuba, 867 F.3d 310 (2d Cir.) (district court must independently assess FSIA immunity even when enforcing state judgment)
- Han Kim v. Democratic People's Republic of Korea, 774 F.3d 1044 (D.C. Cir.) (in default context, courts may relax evidentiary standards but still require meaningful evidence of torture or extrajudicial killing)
- Owens v. Republic of Sudan, 864 F.3d 751 (D.C. Cir.) (§1608(e) mirrors Rule 55(d); courts must determine whether plaintiff’s allegations are supported by evidence)
- Jerez v. Republic of Cuba, 775 F.3d 419 (D.C. Cir.) (court enforcing default judgment must entertain attack on jurisdiction of rendering court)