· 4/18/1996
Cabiri v. Assasie-Gyimah
Citations
- 921 F. Supp. 1189
- 1996 U.S. Dist. LEXIS 5238
- 1996 WL 191733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding Ghana an inadequate forum where plaintiff’s claim was that officials of Ghana had jailed and tortured him
- rejecting an FNC motion because “plaintiff is highly unlikely to obtain justice in the Ghanaian courts, and [] to force plaintiff to bring this action in Ghana would unnecessarily put him in harm’s way, or, also unacceptable, would mean an end to the action altogether.”
- defendant “[did] not claim that the acts of torture he is alleged to have committed fall within the scope of his authority”
- “[The defendant] does not argue that such acts are not prohibited by the laws of Ghana; nor could he. . . . [N]o government asserts a right to torture its citizens . . . .”
- “McDonnell stands for the proposition that where there is a close relationship between the two actions, and both involve vindication of the same cluster of rights and interests, then immunity from service of process should be withheld”
- “It is well established that witnesses, parties and attorneys coming from another jurisdiction are exempt from service of civil process while in attendance upon court, and during a reasonable time in coming and going.” (citing Stewart v. Ramsay, 242 U.S. 128, 129 (1916
Source: CourtListener parenthetical corpus (CC0).
Judges: Schwartz
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.