· 11/2/2012
Bashe Yousuf v. Mohamed Samantar
Citations
- 699 F.3d 763
- 2012 WL 5378056
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Executive’s position on “status-based immunity doctrines such as head-of-state immunity” should be given “absolute deference,” while its position on “conduct-based immunity . . . carries substantial weight”
- finding that the State Department's determination regarding conduct-based immunity is not controlling, but carries \substantial weight\ in the court's analysis
- finding that foreign officials are entitled to immunity under the common law for actions taken during the course of their official duties
- concluding “under international and domestic law, officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts were performed in the defendant’s official capacity”
- finding relevant the fact that U.S. residents “who enjoy the protections of U.S. law ordinarily should be subject to the jurisdiction of the courts”
- finding relevant the fact that U.S. residents “who enjoy the protections of U.S. law ordinarily should be subject to the jurisdiction of the courts”
Source: CourtListener parenthetical corpus (CC0).
Judges: Traxler, King, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.