sosa
et
argued
march
decided
june
counsel
record
petitioner
sosa
carter
phillips
sidley
austin
brown
wood
llp
washington
dc
washington
dc
respondents
et
al
paul
hoffman
schonbrun
desimone
seplow
harris
hoffman
llp
venice
ca
respondent
theodore
olson
solicitor
general
washington
dc
drug
enforcement
administration
dea
approved
using
petitioner
sosa
mexican
nationals
abduct
respondent
alvarez
also
mexican
national
mexico
stand
trial
dea
agent
torture
murder
relevant
acquittal
alvarez
sued
false
arrest
federal
tort
claims
act
ftca
waives
sovereign
immunity
suits
personal
injury
caused
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wrongful
act
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employee
acting
within
scope
office
employment
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sosa
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tort
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ats
law
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courts
original
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action
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tort
committed
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nations
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dismissed
ftca
claim
awarded
alvarez
summary
judgment
damages
ats
claim
ninth
circuit
affirmed
ats
judgment
reversed
ftca
claim
dismissal
held
ftca
exception
waiver
sovereign
immunity
claims
arising
foreign
country
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claims
based
injury
suffered
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country
regardless
tortious
act
omission
occurred
pp
exception
face
seems
plainly
applicable
facts
case
alvarez
arrest
said
false
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tortious
extent
took
place
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mexico
nonetheless
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circuit
allowed
action
proceed
known
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doctrine
concluding
alvarez
abduction
direct
result
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planning
direction
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agents
california
claim
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country
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assert
negligent
activity
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analysis
must
viewed
skepticism
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considerations
confirm
skepticism
lead
reject
headquarters
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consideration
applies
cases
like
one
harm
arguably
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action
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connect
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actions
sosa
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thus
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whether
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applies
alvarez
claim
pp
second
consideration
rooted
fact
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soil
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reason
think
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claim
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claim
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place
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law
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application
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law
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intended
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country
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applying
headquarters
doctrine
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recasting
foreign
injury
claims
claims
arising
foreign
country
domestic
planning
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headquarters
doctrine
outgrown
tension
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choice
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law
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cases
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circuit
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treat
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headquarters
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law
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state
choice
law
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apply
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law
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law
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written
time
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meant
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used
phrase
pp
alvarez
entitled
recover
damages
sosa
ats
pp
limited
implicit
sanction
entertain
handful
international
law
cum
common
law
claims
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authority
recognize
ats
right
action
alvarez
asserts
contrary
alvarez
claim
ats
jurisdictional
statute
creating
new
causes
action
mean
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ats
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relief
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expressly
authorizing
adoption
causes
action
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reasonable
inference
history
practice
ats
intended
practical
effect
moment
became
law
understanding
common
law
provide
cause
action
modest
number
international
law
violations
thought
carry
personal
liability
time
offenses
ambassadors
violation
safe
conducts
piracy
sosa
objections
view
unpersuasive
pp
correct
assume
first
congress
understood
district
courts
recognize
private
causes
action
certain
torts
violation
law
nations
development
law
last
two
centuries
categorically
precluded
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courts
recognizing
claim
law
nations
element
common
law
good
reasons
restrained
conception
discretion
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exercise
considering
new
cause
action
deriving
standard
assessing
alvarez
particular
claim
suffices
look
historical
antecedents
persuade
federal
courts
recognize
claims
federal
common
law
violations
international
law
norm
less
definite
content
acceptance
among
civilized
nations
paradigms
familiar
enacted
pp
several
reasons
argue
great
caution
adapting
law
nations
private
rights
first
prevailing
conception
common
law
changed
since
enacted
accepted
conception
common
law
found
discovered
understood
cases
asked
state
formulate
common
law
principle
new
context
made
created
hence
judge
deciding
reliance
international
norm
find
substantial
element
discretionary
judgment
decision
second
along
part
driven
conceptual
development
come
equally
significant
rethinking
federal
courts
role
making
common
law
erie
tompkins
denied
existence
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general
common
law
largely
withdrew
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specialty
general
practice
look
legislative
guidance
exercising
innovative
authority
substantive
law
third
decision
create
private
right
action
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left
legislative
judgment
cases
correctional
services
malesko
fourth
potential
implications
foreign
relations
recognizing
private
causes
action
violating
international
law
make
courts
particularly
wary
impinging
discretion
legislative
executive
branches
managing
foreign
affairs
fifth
congressional
mandate
seek
define
new
debatable
violations
law
nations
modern
indications
congressional
understanding
judicial
role
field
affirmatively
encouraged
greater
judicial
creativity
pp
ii
limit
judicial
recognition
adopted
fatal
alvarez
claim
alvarez
contends
prohibition
arbitrary
arrest
attained
status
binding
customary
international
law
arrest
arbitrary
applicable
law
authorized
thus
invokes
general
prohibition
arbitrary
detention
defined
officially
sanctioned
action
exceeding
positive
authorization
detain
domestic
law
government
however
cites
little
authority
rule
broad
status
binding
customary
norm
today
certainly
cites
nothing
justify
federal
courts
taking
rule
predicate
federal
lawsuit
implications
breathtaking
create
cause
action
seizure
alien
violation
fourth
amendment
supplanting
actions
bivens
six
unknown
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narcotics
agents
provide
damages
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create
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action
arrests
state
officers
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authority
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law
alvarez
failure
marshal
support
rule
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restatement
third
foreign
relations
law
refers
prolonged
arbitrary
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relatively
brief
detention
excess
positive
authority
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may
said
broad
principle
expresses
aspiration
exceeding
binding
customary
rule
specificity
requires
pp
reversed
souter
delivered
opinion
parts
iii
unanimous
part
ii
joined
rehnquist
stevens
scalia
kennedy
thomas
part
iv
joined
stevens
kennedy
ginsburg
breyer
jj
scalia
filed
opinion
concurring
part
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judgment
rehnquist
thomas
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part
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judgment
breyer
joined
breyer
filed
opinion
concurring
part
concurring
judgment
jose
francisco
sosa
petitioner
humberto
et
al
petitioner
humberto
et
al
writs
certiorari
appeals
ninth
circuit
june
justice
souter
delivered
opinion
two
issues
whether
respondent
allegation
drug
enforcement
administration
instigated
abduction
mexico
criminal
trial
supports
claim
government
federal
tort
claims
act
ftca
act
whether
may
recover
alien
tort
statute
ats
hold
entitled
remedy
either
statute
considered
underlying
facts
agent
drug
enforcement
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dea
enrique
captured
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mexico
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guadalajara
tortured
course
interrogation
murdered
based
part
eyewitness
testimony
dea
officials
came
believe
respondent
humberto
alvarez
mexican
physician
present
house
acted
prolong
agent
life
order
extend
interrogation
torture
federal
grand
jury
indicted
alvarez
torture
murder
district
central
district
california
issued
warrant
arrest
en
banc
dea
asked
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government
help
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alvarez
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negotiations
proved
fruitless
dea
approved
plan
hire
mexican
nationals
seize
alvarez
bring
trial
planned
group
mexicans
including
petitioner
jose
francisco
sosa
abducted
alvarez
house
held
overnight
motel
brought
private
plane
el
paso
texas
arrested
federal
officers
ibid
american
custody
alvarez
moved
dismiss
indictment
ground
seizure
outrageous
governmental
conduct
violated
extradition
treaty
mexico
district
agreed
ninth
circuit
affirmed
reversed
holding
fact
alvarez
forcible
seizure
affect
jurisdiction
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case
tried
ended
close
government
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granted
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motion
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mexico
alvarez
began
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action
us
sued
sosa
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citizen
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antonio
five
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dea
agents
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matters
alvarez
sought
damages
ftca
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arrest
sosa
ats
violation
law
nations
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statute
authorizes
suit
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injury
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acting
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provides
entirety
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courts
shall
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action
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summary
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damages
alvarez
ats
claim
panel
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circuit
affirmed
ats
judgment
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claim
divided
en
banc
came
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ats
claim
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precedent
ats
provides
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courts
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guidance
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circuit
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alvarez
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assert
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activity
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plaintiff
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scalia
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malpractice
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knisley
supp
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medical
care
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army
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scalia
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privateer
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attorney
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william
bradford
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congress
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continental
congress
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ambassadors
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