DOĞAN v. BARAK

No. 16-56704.

932 F.3d 888 (2019)

Ahmet DOĞAN, individually and on behalf of his deceased son Furkan Doğan; Hikmet Doğan, individually and on behalf of her deceased son Furkan Doğan, Plaintiffs-Appellants, v. Ehud BARAK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2019.


Attorney(s) appearing for the Case

Dan Stormer (argued) and Brian Olney , Hadsell Stormer & Renick LLP, Pasadena, California; Haydee J. Dijkstal , Stoke and White LLP, London, United Kingdom; for Plaintiffs-Appellants.

Jean-Claude Andre (argued), Sidley Austin LLP, Los Angeles, California; Howard J. Stanislawski and Daniel J. Feith , Sidley Austin LLP, Washington, D.C.; Douglas A. Axel and Christopher M. Egleson , Los Angeles, California; for Defendant-Appellee.

Lewis Yelin (argued) and Sharon Swingle , Appellate Staff; Richard C. Visek , Acting Legal Adviser; Civil Division, Washington, D.C.; for Defendant-Appellee.

William J. Aceves , California Western School of Law, San Diego, California, for Amici Curiae International Law Scholars.

Marco B. Simons , Richard L. Herz , and Zamira M. Djabarova , EarthRights International, Washington, D.C., for Amicus Curiae EarthRights International.

Katherine M. Gallagher , Ruhan Nagra , and Maria C. LaHood , Center for Constitutional Rights, New York, New York, for Amici Curiae Rachel Corrie Foundation for Peace and Justice and the Center for Constitutional Rights.

Before: Carlos T. Bea and Mary H. Murguia, Circuit Judges, and Stanley Allen Bastian, District Judge.


OPINION

We must decide whether the parents of a U.S. citizen killed during a military operation conducted by a foreign nation abroad may sue the foreign official responsible for the operation in federal court on different theories of wrongful death claims, under the Torture Victim Protection Act

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