International Law Keyed to Damrosche
Filartiga v. Pena-Irala
A suit claiming that Pena-Irala (D) had tortured Filartiga’s (P) decedent to death while he was a police Inspector General, was brought by Filartiga (P). All parties were Paraguayan citizens. Jurisdiction was based on the Allen Tort Statute, 28 U.S.C. S 1350, which provided jurisdiction for tort committed in violation of “the law of nations.” The case was dismissed by the district court for lack of jurisdiction to which Filartiga (P) appealed.
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