Cicippio-Puleo v. Islamic Republic of Iran
Citation and Court
353 F.3d 1024 (D.C. Cir. 2004)
Facts
American hostages and their families sued Iran under the FSIA’s terrorism exception (28 U.S.C. § 1605(a)(7), now § 1605A) after Iran sponsored their kidnapping and torture in Lebanon. They sought a federal cause of action directly under the FSIA terrorism exception and related statutes.
Issue
Whether the FSIA terrorism exception itself, or the Flatow Amendment, creates an implied federal cause of action for damages against foreign state sponsors of terrorism.
Holding
The FSIA terrorism exception and the Flatow Amendment do not create an implied federal cause of action against foreign states; plaintiffs must look to state law or other existing federal causes of action for their damages claims.
Rule / Doctrine
A waiver of sovereign immunity (through the FSIA terrorism exception) does not by itself create a cause of action. Plaintiffs suing a foreign state sponsor of terrorism must identify an independent source of substantive law — typically state tort law — to support their damages claims.
Significance
Cicippio-Puleo forced terrorism plaintiffs to rely on state law claims rather than an implied federal right of action, complicating litigation strategy. Congress subsequently amended § 1605A in 2008 to create an explicit federal cause of action, overriding this holding for cases under the new provision.