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HARBURY v. HAYDEN

No. 06-5282.

522 F.3d 413 (2008)

Jennifer K. HARBURY on her Own Behalf and as Administratrix of the Estate of Efrain Bamaca-Velasquez, Appellant v. Michael V. HAYDEN, Director, Central Intelligence Agency (CIA), et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2008.

Attorney(s) appearing for the Case

Jennifer K. Harbury, appearing pro se, argued the cause and filed the briefs for appellant. Beth Stephens and Mara E. Verheyden-Hilliard entered appearances.

Tyler Giannini was on the brief for amicus curiae United States Representative Barney Frank in support of appellant.

Robert M. Loeb, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, C. Frederick Beckner III, Deputy Assistant Attorney General, and Barbara L. Herwig, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH, with whom Circuit Judge RANDOLPH joins, and with whom Senior Circuit Judge WILLIAMS joins except as to the second sentence of footnote five.

KAVANAUGH, Circuit Judge:

In the early 1990s, members of the Guatemalan army killed rebel fighter Efrain Bamaca-Velasquez during Guatemala's civil war. Bamaca's widow, Jennifer Harbury, sued various U.S. Government officials, claiming they were legally responsible for the physical abuse and death of her husband. The District Court long ago dismissed most of Harbury's claims. Harbury now appeals the District Court's order...

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