Supreme Court of the United States · Official docket →
Kalev Mutond, et al. v. Darryl Lewis
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-7118 · judgment March 12, 2019
Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Respondent Darryl Lewis, an American citizen and security contractor, was arrested and detained in the Democratic Republic of the Congo (DRC) on grounds that he was illegally working as a foreign mercenary. Upon his release, he sued two high-ranking DRC officials—the Minister of Justice and the Administrator General of the DRC’s National Intelligence Agency— raising claims under the Torture Victim Protection Act (TVPA). The district court dismissed respondent’s complaint on the basis of conduct-based foreign-official immunity because the conduct alleged in the complaint was undertaken solely in petitioners’ capacities as foreign officials and expressly ratified by the DRC government. The D.C. Circuit reversed, announcing two sweeping holdings in conflict with the law of other circuits and the longstanding position of the Executive Branch. First, the court held that conduct-based immunity does not apply where a plaintiff seeks money damages from foreign officials only in their personal, rather than official, capacities. Second, the court held, in the alternative, that the TVPA impliedly abrogates any conduct-based immunity. The court further explained that its two holdings were independent bases for the court’s jurisdiction over petitioners. The questions presented are:
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Whether a plaintiff can preclude conduct-based immunity for foreign government officials merely by suing them in their personal capacities.
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Whether the TVPA abrogates all common-law conduct-based immunity for foreign officials, as the D.C. Circuit held below, or leaves immunity intact, as the Second and Ninth Circuits have held. (I)
Counsel of record
For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP
For respondent
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
Proceedings
- Jun 29 2020Petition DENIED.
- Jun 15 2020Supplemental brief of petitioners Kalev Mutond, et al. filed. (Distributed)
- Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
- Jun 09 2020Supplemental brief of respondent Darryl Lewis filed. (Distributed)
- May 26 2020Brief amicus curiae of United States filed.
- Jan 21 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 23 2019Reply of petitioners Kalev Mutond, et al. filed. (Distributed)
- Dec 09 2019Brief of respondent Darryl Lewis in opposition filed.
- Oct 31 2019Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2019.
- Oct 30 2019Motion to extend the time to file a response from November 14, 2019 to December 9, 2019, submitted to The Clerk.
- Sep 30 2019Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2019.
- Sep 27 2019Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
- Sep 13 2019Response Requested. (Due October 15, 2019)
- Sep 04 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 26 2019Waiver of right of respondent Darryl Lewis to respond filed.
- Aug 09 2019Petition for a writ of certiorari filed. (Response due September 11, 2019)
- May 29 2019Application (18A1228) granted by The Chief Justice extending the time to file until August 9, 2019.
- May 24 2019Application (18A1228) to extend the time to file a petition for a writ of certiorari from June 10, 2019 to August 9, 2019, submitted to The Chief Justice.