Opinion

Saudi Arabia v. Nelson

  • 507 U.S. 349
  • 113 S. Ct. 1471
  • 123 L. Ed. 2d 47
  • 1993 U.S. LEXIS 2398
Court
Supreme Court of the United States
Filed
Mar 23, 1993
Status
Published
Author
Blackmun
On the bench
Souter, Rehnquist, O'Connor, Scalia, Thomas, Kennedy, White, Blackmun, Stevens, I-B
Cited by
689 cases

finding that the conduct at issue – Nelson’s wrongful arrest, imprisonment and torture – “boils down to abuse of the power of its police by the Saudi Government, and however monstrous such abuse undoubtedly may be, a foreign state’s exercise of the power of its police has long been understood . . . as peculiarly sovereign in nature.”

How later courts described this case

  • finding that the conduct at issue – Nelson’s wrongful arrest, imprisonment and torture – “boils down to abuse of the power of its police by the Saudi Government, and however monstrous such abuse undoubtedly may be, a foreign state’s exercise of the power of its police has long been understood . . . as peculiarly sovereign in nature.”
  • ruling that Saudi Arabia’s wrongful arrest, incarceration, and torture of an American national working for a Saudi Arabian hospital could not be considered commercial activity for purposes of the commercial activity exception to FSIA although it did constitute an abuse of police power
  • recognizing that “Congress manifestly understood there to be a difference between a suit ‘based upon’ commercial activity [clause one] and one ‘based upon’ acts performed ‘in connection with’ such activity [clauses two and three],” with the former requiring a higher standard
  • finding that the plaintiffs employment contract, while commercial in nature, did not form the basis for his personal injury claims resulting from unlawful detention and torture by the Saudi government because it was too far removed from the tortious acts

Written by the judges who cited it.

Distinguished

  • Distinguished by Federal Insurance v. Richard I. Rubin & Co., 12 F.3d 1270 (1993)

    In addition, the various plaintiffs argue that the Nelson case is distinguishable because the claim involved tortious conduct undertaken by the sovereignty itself, rather than a claim resulting from its corporate governmental instrumentality engaging in investment activities.
    Court of Appeals for the Third CircuitDec 28, 1993Read it

The opinion

Justice Blackmun,

concurring in the judgment in part and dissenting in part.

I join Justice White’s opinion because it finds that respondents’ intentional tort claims are “based upon a commercial activity” and that the commercial activity at issue in those claims was not “carried on in the United States.” I *377 join Justice Kennedy’s opinion insofar as it concludes that the “failure to warn” claims should be remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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