Case law

Tajbakhsh v. Government of the Islamic Republic of Iran

District Court, District of Columbia · Sep 12, 2025

Iran clearly subjected Kian to “physical capture and confinement” in Evin Prison. Mohammadi, 782 F.3d at 16. … Based on the foregoing, Plaintiffs have submitted satisfactory evidence to establish that Iran has waived its sovereign immunity pursuant to the terrorism exception through both torture and hostage taking.

Padgett v. Department of Agriculture

District Court, District of Columbia · Aug 13, 2025

The plaintiff “bears the burden of establishing that sovereign immunity has been abrogated.” Stone v. Holder, 859 F. Supp. 2d 48, 51 (D.D.C. 2012). … The Supreme Court determined that the reimbursements qualified as equitable remedies and, thus, the district court had jurisdiction over Massachusetts’s claims. Id. at 900-01.

Schubarth v. Federal Republic of Germany

220 F. Supp. 3d 111 · District Court, District of Columbia · Dec 7, 2016

They primarily contend that they are immune from suit under the FSIA because Schubarth has not pled facts establishing the requirements of the expropriation exception to FSIA immunity, 28 U.S.C. … § 1605(a)(3), which is a prerequisite for establishing the applicability of that exception. Defs.’ MTD 3–9.

International Road Federation v. Embassy of the Democratic Republic of the Congo

131 F. Supp. 2d 248 · District Court, District of Columbia · Mar 5, 2001

Finally, the Court finds that defendant has waived its immunity to suit under the FSIA. … As discussed below, defendant has waived immunity under the FSIA.

St. Pierre v. Norton

498 F. Supp. 2d 214 · District Court, District of Columbia · Jul 31, 2007

Because the Tribe has not consented to suit in this case, it is protected by sovereign immunity and cannot be joined. … Practice ¶ 19.15 at 19-266 n. 6 (1984) (immunity “may be viewed as one of those interests ‘compelling by themselves.’ ”).

Merriweather v. Lappin

710 F. Supp. 2d 149 · District Court, District of Columbia · May 11, 2010

. § 1997e, that Merriweather has not and cannot state an Eighth Amendment claim upon which relief may be granted against these three defendants, and that each of the three defendants is entitled to qualified immunity. … Because the record is insufficiently developed, the Court expressly declines to address the defendants' claim of entitlement to qualified immunity.

Nemariam v. Federal Democratic Republic of Ethiopia

400 F. Supp. 2d 76 · District Court, District of Columbia · Nov 8, 2005

“[T]he question is whether the facts alleged are sufficient to establish the jurisdiction of this Court under an exception to immunity under the FSIA and is sufficient to state a claim upon which relief may be granted.” … The Court must now address whether a bank account properly qualifies as tangible or intangible property.

McNutt v. Hills

426 F. Supp. 990 · District Court, District of Columbia · Jan 31, 1977

Thus, for example, the writ should be used only when the duty of the officer to act is clearly established and plainly defined; in addition, the plaintiff should exhaust all administrative remedies before seeking relief in … The Edelman opinion clearly indicates that the Court’s “area of concern” in the immunity area is “payments from the government treasury.” 24 Congress (or a state, in the eleventh amendment context) can, of course, waive the

Winkey v. Campanale

District Court, District of Columbia · May 30, 2013

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The plaintiff’s claim fails under the first prong of the qualified immunity test—violation of a constitutional right.

Halcomb v. Office of the Senate Sergeant-At-Arms

563 F. Supp. 2d 228 · District Court, District of Columbia · Jul 2, 2008

Despite these accusations, the plaintiff has failed to establish that she was objectively the more-qualified candidate. … Clearly, a failure to promote amounts to an adverse employment action.

Yang v. Ics Protective Service

District Court, District of Columbia · Aug 28, 2023

To survive a Rule 12(b)(1) motion, a plaintiff must establish the Court’s jurisdiction over her claims. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). … So even if ICS could qualify for derivative foreign sovereign immunity, their actions protecting the Embassy amount to a basic task, not an immunized policy choice.

Edwards v. Federal Republic of Nigeria

District Court, District of Columbia · Mar 12, 2026

A foreign state explicitly waives its sovereign immunity in a treaty or contract only if it “clearly and unambiguously” agrees to suit in the United States. Ivanenko v. Yanukovich, 995 F.3d 232, 239 (D.C. … Because the Defendants did not explicitly or implicitly waive their sovereign immunity under the FSIA, the FSIA’s waiver exception does not establish the Court’s subject matter jurisdiction. 2.

Monument Realty LLC v. Washington Metropolitan Area Transit Authority

535 F. Supp. 2d 60 · District Court, District of Columbia · Feb 27, 2008

The second bid contained an escalating bid clause, in which MRB 7 agreed to pay $250,000 more than any other qualified bidder. Id. ¶ 72. … Under certain conditions, liability for discretionary actions is shielded by sovereign immunity, whereas sovereign immunity never shields ministerial actions.

Payne v. District of Columbia

773 F. Supp. 2d 89 · District Court, District of Columbia · Mar 29, 2011

To establish a D.C. … Because qualified immunity is an affirmative defense, Pate v. United States, 277 F.Supp.2d 1, 7 (D.D.C.2003), and because it is Dr. Gandhi’s burden to show that he is entitled to such immunity, In re Gaither ex rel.

Winston v. Monahan

District Court, District of Columbia · Mar 26, 2026

But only one of their cited cases is binding on this court, and the issue there was whether Secret Service officers had qualified immunity, not whether a Bivens remedy was available. See Reichle v. … ECF No. 25-1, at 7-10; see Woodruff, 2017 WL 4286190, at *3 (“When the United States asserts the discretionary function exception, an agency’s internal guidelines may qualify as ‘facts necessary to establish jurisdiction

El-Hadad v. Embassy of the United Arab Emirates

69 F. Supp. 2d 69 · District Court, District of Columbia · Aug 30, 1999

The Court of Appeals commented that “[t]his report clearly marks employment of civil servants as noncommercial for purposes of restrictive immunity. … Establishing personal jurisdiction over a foreign state requires a two-step analysis.

Beran v. United States

759 F. Supp. 886 · District Court, District of Columbia · Mar 18, 1991

In order to make a cognizable Bivens claim, the plaintiff must meet a “heightened pleading standard” and “specify the ‘clearly established’ rights [he] allege[s] to have been violated with ... precision].” Martin v. … Defendants argue that even if plaintiff does raise a legitimate fourth amendment claim, they are entitled to qualified immunity. Citing Anderson v.

Hornbeck Offshore Transportation, LLC v. United States

563 F. Supp. 2d 205 · District Court, District of Columbia · Jul 1, 2008

Art Metal's dispute clearly involved a due process claim. … Recognizing a possible FTCA action, the Supreme Court stressed that "the very purpose of the Tort Claims Act was to waive the Government’s traditional all-encompassing immunity from tort actions and to establish novel and

Runnels v. Federal Bureau of Investigation

District Court, District of Columbia · Nov 5, 2025

Massachusetts, 487 U.S. 879 (1988), the Supreme Court “listed the Back Pay Act . . . as clearly within the purview of the Tucker Act.” Mitchell v. United States, 930 F.2d 893, 896 (Fed. … Sovereign immunity plainly bars plaintiff’s due process claim. See Def.’s Opp’n at 8-9.

Schonberg v. Federal Election Commission

792 F. Supp. 2d 20 · District Court, District of Columbia · Jun 23, 2011

its sovereign immunity, Schonberg has failed to establish that the MRA or earmarks violate the Constitution. … Schonberg has not established that sovereign immunity does not bar his claim, nor has he established that the United States has waived its sovereign immunity in this context, and the United States’ motion to dismiss for lack