Case law

Alabama v. Bowsher

734 F. Supp. 525 · District Court, District of Columbia · Mar 30, 1990

The defendants contend the plaintiffs “must establish that the United States has waived its immunity with respect to this type of lawsuit.” State of Florida v. … The burden of establishing standing is on the plaintiff.

Canuto v. Department of Justice

District Court, District of Columbia · Nov 20, 2025

Although “pro se complaints are held to a less stringent standard than other complaints, even a pro se plaintiff bears the burden of establishing that the court has subject-matter jurisdiction.” Carmichael v. … Claims qualify as “patently insubstantial” if they rely on “any bizarre conspiracy theories.” Best, 39 F.3d at 330.

Monarch Insurance Co. of Ohio v. District of Columbia

353 F. Supp. 1249 · District Court, District of Columbia · Jan 22, 1973

It also includes determinations made by executives or administrators in establishing plans, specifications, or schedules of operations. … There is, of course, quite a leap from establishing liability for tortious conduct in the actual execution of an arrest, an activity which the Court in Carter declared to be ministerial, and establishing liability for failure

Young v. Federal Bureau of Prisons

825 F. Supp. 2d 234 · District Court, District of Columbia · Nov 21, 2011

It is well-established that the U.S. *239 Government enjoys immunity from prosecution, unless it has expressly waived it. U.S. v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980). … Plaintiffs claim regarding his conviction and sentence clearly sound in habeas corpus since he seeks to overturn his conviction and obtain his freedom.

Kittner v. Gates

708 F. Supp. 2d 47 · District Court, District of Columbia · Apr 28, 2010

Finally, Defendants argue that, even if Kittner can bring her Bivens claims, the Defendants sued in their individual capacities are entitled to qualified immunity. A. … Given the dismissal of Count VI of the Amended Complaint as explained, supra, there is obviously no need to consider whether the individually sued Defendants are entitled to qualified immunity.

Maniaci v. Georgetown University

510 F. Supp. 2d 50 · District Court, District of Columbia · Sep 10, 2007

Martin specifically dealt with an action against public officials invoking qualified immunity. Id. at 256 . The Court notes two distinguishing factors in this case. … Second, while Defendants have not briefed the issue of qualified immunity, they state in their Motion that only the Public Safety Officers "are entitled to have qualified immunity if they are held to be state actors.”

Gonzalez Flavell v. International Bank for Reconstruction and Development

District Court, District of Columbia · Mar 25, 2021

and immunities as foreign nations conferred by the Foreign Sovereign Immunities Act (“FSIA”),” id. at ¶ 6. … not be used to establish . . .

United Western Bank v. Office of the Comptroller of the Currency

District Court, District of Columbia · Jun 24, 2011

“[A] plaintiff must overcome the defense of sovereign immunity in order to establish the jurisdiction necessary to survive a Rule 12(b)(1) motion to dismiss.” Jackson v. Bush, 448 F. … The court reiterated: The specific language of both the statutes and regulations clearly establish that upon the appointment of . . . the receiver . . . the members, officers,

Omni Bridgeway Limited v. Ministry of Infrastructure and Energy of the Republic of Albania

District Court, District of Columbia · Feb 14, 2025

The tribunal reasoned that because MIE is the legal successor to MEI, which was itself a successor to METE, MIE was clearly bound by the arbitration provision. Id. … Each qualifies for protection under the FSIA and is thus “presumptively immune from the jurisdiction of United States courts.” Saudi Arabia v.

Patterson v. United States Department of Justice

District Court, District of Columbia · Jan 20, 2023

Tasks that clearly fall within the ambit of the judicial process include the “receipt and processing” of filings. Id. … Cir. 2006) (“It is well established that judicial immunity extends to other officers of government whose duties are related to the judicial process.” (internal quotation marks omitted)); Thomas v. Wilkins, 61 F.

Amobi v. District of Columbia Department of Corrections

882 F. Supp. 2d 78 · District Court, District of Columbia · Aug 9, 2012

Intentional Infliction of Emotional Distress In order to establish a claim for intentional infliction of emotional distress, a plaintiff must establish, inter alia, that a defendant engaged in “extreme and outrageous … qualified immunity as to this claim.

West Flagler Associates, Ltd. v. Haaland

District Court, District of Columbia · Nov 22, 2021

Cir. 2009) (“[S]overeign immunity is an immunity from suit.”); see also Mowrer v. DOT, 14 F.4th 723, 741–43 (D.C. … Because the Compact authorizes patrons to wager off Indian lands, and because those bets clearly qualify as “gaming,” 25 U.S.C.

Butler v. Democratic People's Republic of Korea

District Court, District of Columbia · Nov 4, 2025

ANALYSIS The Court has jurisdiction in this case to the extent that North Korea’s actions qualify for the FSIA’s terrorism exception. … Each has clearly suffered grievously because of North Korea’s actions. Young Hwa Chung Kim is the widow of Reverend Kim.

Application of US Senate Select Com. on Pres. Cam. Act.

361 F. Supp. 1270 · District Court, District of Columbia · Jun 12, 1973

All this is not intended to suggest, however, that the court is nothing but a rubber stamp. § 6005 clearly requires that it be a checkpoint for assuring proper compliance with the established procedures. … In conclusion, the Court finds that the Select Committee requests have met the two procedural requirements established by § 6005. The Court is, therefore, compelled to grant unconditionally the immunity orders sought.

Guzel v. State of Kuwait

818 F. Supp. 6 · District Court, District of Columbia · Mar 29, 1993

Thus, the question presented to the Court is whether the long-established doctrine of sovereign immunity requires dismissal of Kuwait from this action. 4 It is unnecessary at this time to recite the extensive history of sovereign … Such discovery would clearly be futile in this instance.

White v. United States of America

District Court, District of Columbia · Jun 14, 2011

Plaintiffs clearly state that these Bivens claims are based upon a conspiracy, and yet they fail to allege any facts showing that there ever was any agreement. A. … also generally involved in violating White's rights by "establishing and condoning" this pattern.

United States v. BCCI Holdings (Luxembourg), S.A.

980 F. Supp. 529 · District Court, District of Columbia · Aug 26, 1997

Under a grant of use immunity, see 18 U.S.C. § 6002 , 1 Awan testified at Noriega’s *531 trial and cooperated in BCCI-related investigations. Awan Aff. ¶ 13 & Ex. P (letters granting use immunity). … The Plea Agreement also established the Worldwide Victims Fund and the U.S. Fund. Under the terms of the Plea Agreement, forfeited assets were to be disbursed in equal amounts to the Worldwide Victims Fund and the U.S.

Griggs v. Washington Metropolitan Area Transit Authority

66 F. Supp. 2d 23 · District Court, District of Columbia · Aug 31, 1999

Indeed, the question of whether or not Officer Hay-mans qualifies as an “agent” of the District depends largely on evidence and testimony which has not yet been presented to the court. … Governmental Immunity Claims against government agencies must also withstand the scrutiny associated with sovereign immunity.

In Re the Arbitration Between International Bechtel Co. & Department of Civil Aviation of the Government of Dubai

300 F. Supp. 2d 112 · District Court, District of Columbia · Feb 5, 2004

But Bechtel does not assert that the FAA confers subject matter jurisdiction in this Court, and clearly it does not. 4 It is the FSIA that “provides the sole basis for obtaining jurisdiction over a foreign state in the courts … This is because “failure to assert the immunity after consciously deciding to participate in the litigation may constitute an implied waiver of immunity, 28 U.S.C. § 1605 (a)(1), which invests the court with subject matter

Tozzi v. EPA

148 F. Supp. 2d 35 · District Court, District of Columbia · Jun 29, 2001

The APA is a general waiver of sovereign immunity in regards to judicial review subject to two qualifications. … Mead, the United States Supreme Court’s latest exposition on Chevron deference, the Court stated that: “administrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that