Azadeh v. Gov't of the Islamic Republic of Iran

318 F. Supp. 3d 90
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 11, 2018
DocketNo. 16–cv–1467 (KBJ)
StatusPublished
Cited by6 cases

This text of 318 F. Supp. 3d 90 (Azadeh v. Gov't of the Islamic Republic of Iran) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Azadeh v. Gov't of the Islamic Republic of Iran, 318 F. Supp. 3d 90 (D.C. Cir. 2018).

Opinion

KETANJI BROWN JACKSON, United States District Judge

Judges are sometimes called upon to set aside heart-wrenching and terrible facts about a claimant's treatment at the hands of a defendant and enforce seemingly draconian, technical mandates of law. This is an especially difficult duty when the machinery of the judicial system itself appears to have played a role in the claimant's mistaken view of the applicable legal requirements. The somber circumstances of the instant case present one such scenario: Plaintiff Asfaneh Azadeh has sued the Government of the Islamic Republic of Iran ("Iran") and the Army of the Guardians of the Islamic Revolution ("Islamic Revolutionary Guard" or collectively "Defendants") for the uncontested and inhumane atrocities she suffered during the three months she spent wrongfully imprisoned in an Iranian jail, but she cannot *93obtain the judgment she seeks and may well deserve, without strict adherence to the procedural requirements of the Foreign Sovereign Immunity Act ("FSIA"), 28 U.S.C. § 1601, et seq. Azadeh undertook to satisfy the FSIA's personal-jurisdiction prescriptions by serving her complaint on Iran pursuant to Title 28 sections 1330(b) and 1608 of the United States Code, in conjunction with guidance on the subject that appeared on the United States District Court for District of Columbia's website; however, in so doing, Azadeh effected service under 28 U.S.C. § 1608(a)(4)before attempting service under 28 U.S.C. § 1608(a)(3), which the law does not permit. See Barot v. Embassy of the Republic of Zambia , 785 F.3d 26, 27 (D.C. Cir. 2015).

As a result, this Court cannot adopt the entirety of Magistrate Judge Harvey's Report and Recommendation ("R & R", ECF No. 27), which is before this Court at present, and instead, must STAY its consideration of that recommendation until Azadeh proceeds to serve Defendants under 28 U.S.C. § 1608(a)(4) once again. The relevant motion for a default judgment will be DENIED without prejudice, for want of personal jurisdiction, and once Azadeh cures the service defect, this Court will have the requisite authority to adopt the remainder of Magistrate Judge Harvey's thorough R & R and enter a default judgment in Azadeh's favor, if appropriate. See Sinochem Int'l Co., Ltd. v. Malay. Int'l Shipping Corp. , 549 U.S. 422, 430-31, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007) ("[A] federal court generally may not rule on the merits of a case without first determining that it has jurisdiction over the category of claim in suit (subject-matter jurisdiction) and the parties (personal jurisdiction)."); see also Mwani v. bin Laden , 417 F.3d 1, 6 (D.C. Cir. 2005) ("[A] court should satisfy itself that it has personal jurisdiction before entering judgment against an absent defendant.").

I. BACKGROUND

On July 18, 2016, Azadeh filed a civil complaint against Iran and the Islamic Revolutionary Guard in this Court, bringing various tort claims under federal and state law arising from the torture she allegedly experienced during a three-month detention in Evin Prison. (See Compl., ECF No. 1, ¶¶ 51-81.) Among other things, Azadeh was repeatedly "subjected to mock executions ... [and] hours-long interrogations during which she was beaten, whipped, threatened, and intimidated." (Id. ¶ 1.) She was also "poisoned and forced to take 'truth pills' on a daily bas is[,] ... [and she] lived in" an unsanitary "cell that was a mere six feet wide" without lighting, windows, or a bed. (Id. ) Azadeh's captors regularly woke her in the middle of the night (Decl. of Asfaneh Azadeh, ECF No. 12-2, ¶ 24); denied her necessary medical treatment (id. ¶¶ 26, 32); [redacted]; subjected her to extreme psychological abuse (id. ¶¶ 27-29, 37, 39); [redacted]. Thus, Azadeh's lawsuit brings claims against Iran and the Islamic Revolutionary Guard for torture, assault and battery, intentional infliction of emotional distress, and false imprisonment. (See id. ¶¶ 51-81), and seeks an unspecified amount of compensatory and punitive damages (see id. (Prayer for Relief) ).

On August 4, 2016, Azadeh attempted to serve her complaint on Iran and the Islamic Revolutionary Guard under 28 U.S.C. § 1608(a)(4), by having the clerk of the court send two copies of the summons, complaint, notice of suit, and a translation of those documents to the Director of Special Consular Services within the State Department, who was to transmit one copy of these documents to Defendants through *94diplomatic channels. (See Aff. Requesting Foreign Mailing, ECF No. 5, at 1.)1 Azadeh attempted service in this manner first-rather than starting with service by mail under 28 U.S.C. § 1608(a)(3) -largely due to a statement contained in "the Attorney Manual for Service of Process on a Foreign Defendant , issued by the U.S. District Court for the District of Columbia[,]" which appeared to authorize this course of action. (Pl.'s Resp. to Order to Show Cause, ECF No. 20, at 2-3.) At the time that Azadeh consulted it, the Manual stated in relevant part that

[t]he countries of Iran and Iraq have not objected to service by mail. However, many attempts at service by mail or courier are unsuccessful.

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Bluebook (online)
318 F. Supp. 3d 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/azadeh-v-govt-of-the-islamic-republic-of-iran-cadc-2018.