July 12, 2004

The Alien Tort Claims Act

Good overview and commentary on the Sosa Case, the Alien Tort Claims Act (28 USC §1350 (2004)) and Federal Tort Claims Act(28 USC §2680(h)(2004)) on FindLaw, by Anthony Sebok: "The Sosa case arose from an incident that took place in 1985 in Mexico. There, members of a Mexican drug cartel tortured and murdered an American DEA agent. American prosecutors believed that a Mexican doctor, Humberto Alvarez-Machain, kept the agent alive in order to either to get more information, or prolong his agony. Alvarez was indicted in absentia by a Los Angeles grand jury, but the Justice Department could not get him extradited from Mexico. The DEA therefore hired a man named Sosa, as well as other Mexicans, to kidnap Alvarez and forcibly brought him onto U.S. soil -- where he was arrested by U.S. officials."

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