Saltany v. Reagan

886 F.2d 438 (D.C. Cir. 1989)

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Nature of the Case

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Facts

Libyan citizens and residents filed suit in the district court seeking damages for injuries, death, and property loss sustained in the 1986 United States air strike on Libya. Ps sought to hold the British defendants liable on the basis that the Prime Minister gave the United States permission to use British air bases in the air strike. The claims were asserted under the Federal Tort Claims Act, the Foreign Claims Act, the Alien Tort Claims Act, the Racketeer Influenced and Corrupt Organizations Act, and various constitutional and common law theories, including the 'tort law of Libya.' The district court dismissed plaintiffs' claims as to all defendants. P appealed. Ds moved the court for summary affirmance and also moved the district court for sanctions pursuant to Federal Rule of Civil Procedure 11, on the grounds that plaintiffs abused the judicial process and needlessly imposed upon defendants the cost of defending against an action not supported by existing law or by any good faith argument for the extension, modification, or reversal of existing law. The district court found that Ps' counsel 'surely knew' that the case 'offered no hope whatsoever of success,' but it declined to impose sanctions in the interest of keeping the courthouse door open as a forum for suits 'brought as a public statement of protest of Presidential action. The United Kingdom sought a summary reversal of, the decision denying sanctions and seeks attorneys' fees and costs, pursuant to both Federal Rule of Appellate Procedure 38 and section 1927.