United States Court of Appeals, District of Columbia Circuit
Argued: October 20, 2014,
[Copyrighted Material Omitted]
Appeal from the United States District Court for the District of Columbia. (No. 1:09-cv-01289).
Larry Klayman argued the cause and filed the brief for appellant.
Before: KAVANAUGH and SRINIVASAN, Circuit Judges, and EDWARDS, Senior Circuit Judge. OPINION filed by Circuit Judge SRINIVASAN.
Srinivasan, Circuit Judge :
Plaintiffs, three Iranian é migré siblings and the estate of their deceased brother, seek recovery for imprisonment, torture, and extrajudicial killing they allegedly suffered at the hands of the Islamic Republic of Iran. The district court dismissed the complaint, finding that it lacked subject-matter jurisdiction, principally because of defendants' foreign sovereign immunity. The court also denied plaintiffs' motion for reconsideration and their associated motion for leave to file a fourth amended complaint. We affirm the district court.
As college students in Tehran during the 1990s, plaintiff Manouchehr Mohammadi and his late brother, Akbar Mohammadi, became leaders in the Iranian pro-democracy movement. As part of their political activism, the brothers participated in the 1999 student protests.
Iranian officials arrested the brothers for their role in the protests and confined them in Evin prison in Tehran, where they allegedly suffered brutal physical and psychological abuse and torture. According to plaintiffs' testimony, the brothers were repeatedly flogged, hung from the ceiling by their hands, beaten to the point of unconsciousness, burned on their genitalia, exposed to the elements, and subjected to mock executions.
Akbar's and Manouchehr's sisters, Nasrin Mohammadi and Simin Taylor, also allegedly suffered severe mistreatment at the hands of the Iranian regime. Nasrin testified that an Iranian agent attempted to murder her in Germany in 2002, and Simin claims to have been imprisoned and threatened with rape while living in Iran.
Akbar died in prison in 2006. Manouchehr fled Iran while on temporary release from prison to ...