Ninth Circuit upholds district court decision that defendants are entitled to immunity under the Westfall Act. As plaintiff did not exhaust her administrative remedies against the United States, the district court properly dismissed the case for lack of subject matter jurisdiction

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Date: January-March 2017
From: International Law Update(Vol. 23, Issue 1)
Publisher: American Bar Association
Document Type: Article
Length: 844 words
Lexile Measure: 1450L

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Plaintiff Sundus Shaker Saleh sues several individuals who served as high-ranking officials in the administration of President George W Bush. Plaintiff claims that the former officials conspired to engage in, and did engage in, a war of aggression against Iraq and that, in doing so, they violated the "law of nations" within the meaning of the Alien Tort Statute ("ATS"), 28 U.S.C. [section] 1350.

In 2003, Kurdish Army troops forced Plaintiff and her family to leave their home in Jalawla, Iraq, and flee to Baghdad. The troops, who were aligned with the United States, were taking part in what has become known as the Iraq War, a military action that officially began on March 19, 2003, but that, Plaintiff claims, Defendants had been planning for years.

Plaintiff brought this action in 2013. She alleges that Defendants' conduct in planning and executing the Iraq War amounted to the "crime of aggression" and a conspiracy to commit the crime of aggression, which she claims was a violation of the "law of nations" within the meaning of the ATS. After she filed an amended complaint in September 2013, the United States filed a certification that Defendants had been acting within the scope of their federal office or employment at the time of the incidents...

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Gale Document Number: GALE|A549156111