Monday, July 13, 2015

MOHAMMED JAWAD, also known as SAKI BACHA, Plaintiff,
ROBERT M. GATES, et al., Defendants. Civil Action No. 14-811 (ESH).

United States District Court, District of Columbia. July 8, 2015.



Plaintiff Mohammed Jawad has sued the United States and a host of government officials under the Alien Tort Claims Act ("ATCA" or "ATS"), 28 U.S.C. § 1350; the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680; the Torture Victim Protection Act ("TVPA"), 28 U.S.C. § 1350; and the Fifth and Eighth Amendments to the United States Constitution. Jawad was a detainee at Forward Operating Base 195 in Afghanistan and subsequently at the United States Naval Base in Guantanamo Bay, Cuba from 2002 until he was released in 2009. The United States has now moved to dismiss plaintiff's ATCA and FTCA claims. The individual plaintiffs have moved to dismiss the TVPA and constitutional claims. Because D.C. Circuit precedent has already addressed plaintiff's claims and rejected them, this Court will grant defendants' motions to dismiss.

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