Wyatt v. Syrian Arab Republic
2012 U.S. Dist. LEXIS 177727
| D.C. Cir. | 2012Background
- Marvin Wilson and Ronald Wyatt were kidnapped by PKK terrorists in Turkey for 21 days; Syria is sued under FSIA 1605A for state sponsorship of terrorism.
- Plaintiffs alleged Syria provided material support to PKK (weapons, safe haven, training, financial aid) facilitating the kidnapping.
- The case proceeded by default against Syria after it did not answer; Court conducts jurisdictional and damages analysis under FSIA 1605A.
- Court found eight prerequisitesfor waiver of sovereign immunity under 1605A, including designation as state sponsor and reasonable arbitrate opportunity; they are met.
- Court limited jurisdiction to hostage injuries to hostages and emotional distress of family members; economic harms and Wyatt cancer claim lacked sufficient connection.
- Damages awarded: $5,000,000 pain and suffering per hostage, $4,000,000 to spouses, $2.5–$2.0 million to children; prejudgment interest denied; punitive damages of $300,000,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FSIA 1605A waives immunity and grants jurisdiction | Wilson/Wyatt argue eight prerequisites met for 1605A waiver. | Syria contests applicability of 1605A and required connections. | Yes; jurisdiction established under 1605A. |
| Whether Syria’s support of PKK caused injuries to hostages and families | Material support caused or contributed to injuries; reasonable connection exists. | Connection is not sufficiently proven for all injuries. | There is a reasonable connection for hostages' injuries and family distress; not all asserted harms. |
| What damages are recoverable under 1605A(c) | Damages include pain and suffering, solatium, prejudgment interest, and punitive damages. | Limitations and appropriateness of certain damages may apply. | Pain and suffering and solatium awarded; prejudgment interest denied; punitive damages awarded. |
| Propriety of punitive damages amount | A large punitive award is warranted to punish and deter future conduct. | Suggests restraint on punitive damages. | Punitive damages set at $300,000,000. |
| Scope of damages—which plaintiffs and injuries are within court's jurisdiction | All hostage plaintiffs and immediate family sufferings are within jurisdiction. | Some harms (economic losses) lack adequate proof and connection. | Court has jurisdiction over hostages' physical/psychological injuries and family members' emotional distress; economic harms rejected. |
Key Cases Cited
- Price v. Socialist People’s Libyan Arab Jamahiriya, 384 F. Supp. 2d 120 (D.D.C. 2005) (per diem and post-captivity pain and suffering framework)
- Cronin v. Islamic Republic of Iran, 238 F. Supp. 2d 222 (D.D.C. 2002) (per diem approach; harsh captivity diminution of compensation)
- Gates v. Syrian Arab Republic, 580 F. Supp. 2d 53 (D.D.C. 2008) (punitive damages against Syria for PKK support)
- Heiser v. Islamic Republic of Iran, 659 F. Supp. 2d 20 (D.D.C. 2009) (emotional distress framework for family members)
- Bodoff II v. Islamic Republic of Iran, 907 F. Supp. 2d 93 (D.D.C. 2012) ( FSIA terrorism liability; damages framework)
- Rimkus v. Islamic Republic of Iran, 750 F. Supp. 2d 163 (D.D.C. 2010) (sufficiency of evidence standard for default judgments)