Case law

MacArthur Area Citizens Association v. Republic of Peru

809 F.2d 918 · Court of Appeals for the D.C. Circuit · Jan 23, 1987

We observed that the practice was to decline “to extend the immunity of a foreign sovereign to ‘an action to obtain possession of or establish a property interest in immovable property located in the territory of the state … Republic of Chile, 488 F.Supp. 665 (D.D.C.1980), it has by no means been established that Peru has violated any criminal law.

Weslie C. Haneke v. Secretary of Health, Education and Welfare

535 F.2d 1291 · Court of Appeals for the D.C. Circuit · May 6, 1976

It may well be that under established standards the performance of certain duties could qualify a federal employee for both Wage Grade and General Schedule classification; indeed, the complexity of the classification process … Two of the limitations placed on the issuance of mandamus are that it “should be used only when the duty of the officer to act is clearly established and plainly defined and the obligation to act is peremptory” and that “

Kilburn v. Socialist People's Libyan Arab Jamahiriya

376 F.3d 1123 · Court of Appeals for the D.C. Circuit · Jul 30, 2004

[its] agency,” id., regardless of whether Libya financed those acts — provided, of course, that the elements of agency are established. … to immunity.”

Alexander Khochinsky v. Republic of Poland

1 F.4th 1 · Court of Appeals for the D.C. Circuit · Jun 18, 2021

The statute first establishes a baseline grant of immunity, 28 U.S.C. § 1604, and then sets out various defined exceptions to that general grant, id. §§ 1605–07. … We have found the requisite evidence of a foreign state’s intent to qualify as an implied waiver of sovereign immunity “in only three circumstances”: (i) the state’s “executing a contract containing a choice-of-law clause

Honorable Ronald v. Dellums v. James M. Powell, Chief, United States Capitol Police, Jerry v. Wilson, Chief, Metropolitan Police Department

566 F.2d 167 · Court of Appeals for the D.C. Circuit · Nov 14, 1977

Chief Powell’s theory is clearly incorrect since a motion for directed verdict of acquittal tests the sufficiency of the Government’s evidence at trial to sustain a conviction, whereas the question raised by a qualified immunity … As to liability, the only question generally to be tried in a false arrest suit is whether the defendant police officer is entitled to qualified official immunity.

Oberwetter v. Hilliard

639 F.3d 545 · Court of Appeals for the D.C. Circuit · May 17, 2011

“Although government officials may be sued in their individual capacities for damages under Bivens, qualified immunity protects officials from liability ‘insofar as their conduct does not violate clearly established statutory … In evaluating a claim of qualified immunity, we first “determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established

International Engineering Company, Division of A-T-O, Inc. v. Elliott L. Richardson, Secretary of Defense

512 F.2d 573 · Court of Appeals for the D.C. Circuit · Jun 19, 1975

Clearly, our Scanwell decision does not directly resolve that question. … We cannot accept the IEC’s argument that “Universal Fiberglass clearly establishes jurisdiction”; such an assertion indicates a complete lack of understanding of the real issues in this case — sovereign immunity and the extent

In Re: Madison Guaranty Savings & Loan (Lewinsky Fee Application)

352 F.3d 437 · Court of Appeals for the D.C. Circuit · Dec 30, 2003

The Subject Requirement While the whole of Lewinsky’s fees will be disallowed for failure to meet the “but for” requirement of the Act, we would not reach that question if she did not qualify under the subject requirement … We doubt whether she has established even that; but even if she had, it would not be sufficient.

Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Appeal of Caddo Tribe of Oklahoma

788 F.2d 765 · Court of Appeals for the D.C. Circuit · Apr 18, 1986

There is no doubt that the Wichitas and the Delawares so qualify in this case. … Given this principle, litigation against the government would clearly affect the absent tribes.

Knox Hill Tenant Council v. Walter E. Washington, Individually and as Commissioner of the District of Columbia

448 F.2d 1045 · Court of Appeals for the D.C. Circuit · Feb 4, 1971

The precedent regarded by the Government as clearly demonstrative of the barrier to jurisdiction raised by sovereign immunity here is Gardner v. … Building Code as evidence to establish negligence under the Federal Tort Claims Act.

Yasser Abbas v. Foreign Policy Group, LLC

783 F.3d 1328 · Court of Appeals for the D.C. Circuit · Apr 24, 2015

Qualified immunity heightens the substantive showing a plaintiff must make in order to hold a defendant liable. … To over-simplify for present purposes, qualified immunity allows defendants to avoid liability even when they may have violated the law so long as they acted reasonably.

In Re Investigation Before the April 1975 Grand Jury. Appeal of Sol Z. Rosen and Local 6 of the Newspaper and Graphic Communication Union

531 F.2d 600 · Court of Appeals for the D.C. Circuit · Feb 3, 1976

This familiar and established procedure was available to the Government when it found itself confronted with “legally unwarranted” assertions of the privilege against self-incrimination. … Cooperation in such circumstances with the United States Attorney would be in the interests of one set of clients — those witnesses willing to testify — but clearly not in the best interests of the union.

Alliance of Artists and Recording Companies, Inc. v. Denso International America

947 F.3d 849 · Court of Appeals for the D.C. Circuit · Jan 28, 2020

might qualify. … The first phrase clearly imposes the “only sounds” requirement on the output side, the second does not.

Patrick D. Dant v. District of Columbia

829 F.2d 69 · Court of Appeals for the D.C. Circuit · Sep 11, 1987

Similarly, swearing to a criminal complaint is an integral part of the police function and, therefore, is clearly “governmental.” … That alleged decision, unlike the decision to arrest, clearly was not taken in the course of police functions. 2.

In Re Sealed Case

551 F.3d 1047 · Court of Appeals for the D.C. Circuit · Jan 6, 2009

Code clearly answers this question in the affirmative. … True enough, but the Privacy Act clearly waives sovereign immunity for improper disclosures by agencies, § 552a(g), and expressly defines “agency” as including military departments, § 552(f)(1).

Goodman Holdings Anglo Irish Beef Processors International v. Rafidain Bank

26 F.3d 1143 · Court of Appeals for the D.C. Circuit · Sep 7, 1994

The immunity statute provides foreign governments with blanket immunity from suit in United States courts, subject only to specific exceptions: Immunity of a foreign state from jurisdiction Subject to existing international … Weltover, Inc., - U.S. -, 112 S.Ct. 2160 , 119 L.Ed.2d 394 (1992), the Supreme Court considered the meaning of the phrase “direct effect” and defined it succinctly but clearly: ‘[A]n effect is ‘direct’ if it follows “as an

Trudeau v. Federal Trade Commission

456 F.3d 178 · Court of Appeals for the D.C. Circuit · Jul 28, 2006

since [defendant] Library of Congress is not ‘an agency’ as defined under” the APA, but further holding that plaintiff’s “claims for non-monetary, specific relief are not barred by sovereign immunity [because it] is well-established … Ass’n, 837 F.2d at 1119 (resolving case on the ground that, because plaintiffs offered no evidence that the publication was false or intended to penalize plaintiffs, it could not qualify as a sanction); Impro Products, 722

Alan McSurely and Margaret McSurely v. John J. McClellan

553 F.2d 1277 · Court of Appeals for the D.C. Circuit · Dec 21, 1976

Pachtman: The procedural difference between the absolute and the qualified immunities is important. … , to only a qualified immunity. 11 .

Arturo Porzecanski v. Alex Azar

943 F.3d 472 · Court of Appeals for the D.C. Circuit · Nov 26, 2019

Indeed, as the Court explained, “[a]lthough it is true that Ringer is not seeking the immediate payment of benefits, he is clearly seeking to establish a right to future payments” which “must be construed as a ‘claim arising … Porzecanski “is clearly seeking to establish a right to future payments” outside the appropriate channels and we therefore must reject his request for prospective relief. Ringer, 466 U.S. at 621.

Washington Ethical Society, a Corporation v. District of Columbia

249 F.2d 127 · Court of Appeals for the D.C. Circuit · Oct 17, 1957

“Leaders” of the petitioner, who are trained graduates of established theological institutions are authorized by the District of Columbia to perform marriages and they regularly conduct funeral services and naming ceremonies … In the exercise of its undoubted power Congress has extended tax immunity not only to sincere and bona fide religious activities but also to various educational and patriotic societies and groups whose programs are thought