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Alien Tort Claims Act.
IN CASE OF NATURALIZED AMERICAN CITIZEN, FORMERLY HIGH RANKING MILITARY OFFICIAL DURING SALVADORAN MILITARY DICTATORSHIP WHO INJURED PLAINTIFFS, CHARGED WITH CRIMES UNDER ALIEN TORT CLAIMS ACT AND TORTURE VICTIMS PROTECTION ACT, SIXTH CIRCUIT HOLDS THAT CIRCUMSTANCES IN EL SALVADOR GAVE COURT DISCRETION TO EQUITABLY TOLL TEN-YEAR STATUTE OF LIMITATIONS AND THAT, AS RESIDENT AMERICAN CITIZEN, EL SALVADORAN AMNESTY LAW DID NOT SHELTER DEFENDANT FROM CIVIL LIABILITY UNDER U.S. LAW
On December 10, 2003, several victimized Salvadoran citizens (Plaintiffs) filed suit against Nicholas Carranza (Defendant), a naturalized American citizen since 1991, in federal court. The complaint charged Defendant with acts of torture, extrajudicial killing, and crimes against humanity in violation of the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act (TVPA).
A jury found Defendant liable and awarded $500,000 in compensatory damages and $1 million in punitives to all but one of the Plaintiffs. Defendant appealed to the U.S. Court of Appeals for the Sixth Circuit. He contended (1) that the district court erred in equitably tolling the U.S. statute of limitations and (2) that the Salvadoran Amnesty Law passed in March 1993 barred the Plaintiffs' claim. The Sixth Circuit affirms.
The TVPA is subject to a ten year statute of limitations. Although the ATCA does not specify a statute of limitations, the Sixth Circuit and several other Courts have applied the TVPAs statute of limitations to the ATCA. The TVPA "calls for consideration of all equitable tolling principles in calculating this [statute of limitations] period with a view towards giving justice to plaintiffs rights." S. REP NO. 102-249, at 10 (1991).
Equitable tolling applies to TVPA and ATCA claims where extraordinary circumstances justify its application. The Court held that "When the situation in a given country precludes the administration of justice, fairness may require equitable tolling. In such limited circumstances, where plaintiffs legitimately fear reprisals against themselves or family members from the regime in power, justice may require tolling." [Slip Op. 6] The Court cites a long list of cases to support this principle.
Defendant disputes that the former situation in El Salvador justifies equitable tolling. Reviewing the lower court's decision for abuse of discretion, the Court found enough evidence in the record showing Plaintiffs' fear of reprisal to justify tolling ...
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