Sosa v. Alvarez-Machain - Case Brief - Quimbee.pdf - Sosa v Alvarez-Machain Case Brief Quimbee Sosa v Alvarez-Machain United States Supreme Court 542

Sosa v. Alvarez-Machain - Case Brief - Quimbee.pdf - Sosa v...

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11/13/2019 Sosa v. Alvarez-Machain - Case Brief - Quimbee 1/2 Sosa v. Alvarez-Machain United States Supreme Court 542 U.S. 692 (2004) Rule of Law (1) A claim under the Alien Tort Statute must be based on a universally recognized, speci±cally de±ned rule of international law that is capable of imposing obligations on international parties. (2) A plaintiff may not sue the United States under the Federal Tort Claims Act for tortious conduct allegedly planned and directed in the United States but carried out in a foreign country. Facts Alvarez-Machain (Alvarez) (plaintiff) alleged he was wrongfully captured and arbitrarily detained in Mexico by Sosa (defendant), a bounty hunter operating as a United States agent. The operation to capture and detain Alvarez was planned and directed by Drug Enforcement Administration (DEA) agents in the United States. After Alvarez was captured in Mexico, he was brought to the United States to be tried for the murder of a DEA agent. After Alvarez's acquittal, he sued the United States for false arrest under the Federal Tort Claims Act (FTCA), which waives the government's sovereign immunity in some circumstances and allows the government to be sued in a tort action. Alvarez also brought suit against Sosa under the Alien Tort Statute (ATS), which gives federal district courts original jurisdiction over an alien's civil action for a tort committed in violation of the law of nations or a U.S. treaty. Alvarez alleged that Sosa violated the United
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