Cohen v. Islamic Republic of Iran

238 F. Supp. 3d 71, 2017 WL 818208, 2017 U.S. Dist. LEXIS 28392
CourtDistrict Court, District of Columbia
DecidedMarch 1, 2017
DocketCivil Action No. 2012-1496
StatusPublished
Cited by50 cases

This text of 238 F. Supp. 3d 71 (Cohen v. Islamic Republic of Iran) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cohen v. Islamic Republic of Iran, 238 F. Supp. 3d 71, 2017 WL 818208, 2017 U.S. Dist. LEXIS 28392 (D.D.C. 2017).

Opinion

MEMORANDUM OPINION

CHRISTOPHER R. COOPER, United States District Judge

Ora Cohen, her then-husband Shalom, and their five children were travelling home in Jerusalem when a Hamas operative boarded their bus and detonated a bomb strapped to his chest, killing 23 people and injuring many more, including every member of the Cohen family. The Co-hens, along with several members of Ora’s family in the United States, bring this action against the Islamic Republic of Iran (“Iran”) and two of its instrumentalities under the state-sponsor-of-terrorism exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A(l)(a). They allege that the Iranian defendants are liable for their injuries as a result of Iran’s longstanding provision of material support for Hamas’s terrorist activities. Because Iran has chosen not to appear in this action, Plaintiffs have moved for a default judgment. Finding that Plaintiffs have established both jurisdiction and liability under the FSIA, the Court will grant the default judgment and appoint a special master to prepare a report and recommendation on the imposition of damages.

I. Background

The facts summarized below are derived from the Complaint; Plaintiffs’ Motion for Default Judgment, along with its supporting exhibits; and live testimony taken during an evidentiary hearing held by the Court on February 22, 2016.

A. Terrorist Attack in Jerusalem on August 19, 2003

On August 19, 2003, Ora Cohen and her then-husband Shalom journeyed to the Western Wall, a holy site in Old Jerusalem, for an afternoon of prayer. Evid. Tr. *76 17:4-9. Their five children—daughter Meirav Cohen (7 years old at the time); son Daniel Cohen (6 years old); daughter Orly Cohen (4 years old); daughter Shira Cohen (1 year old); and newborn son, Elchanan Cohen (1 month old)—accompanied them on this family outing. Pis.’ Mem. Supp. Mot. Default J. (“Pis/ MDJ”) 1. That evening, the Cohen family boarded the Number 2 Egged Bus to return home. Id. Because the bus was crowded, the family was forced to split up in order to find seating, with Shalom and Shira standing in the middle of the bus apart from the rest of the family, who were seated near the front. Compl. ¶66. A few stops short of their final destination, Ora observed a gentleman force his way onto the bus and remembers the “whole world [going] black.” Evid. Tr. 17:21-19:18.

Hamas operative Raed Misk had boarded the bus in the Shmuel Ha-Navi neighborhood with a bomb strapped to his body. Pis.’ MDJ 1. He detonated it almost immediately upon boarding, killing 23 people and injuring 130 more, including every Cohen family member aboard. Id. Ora had been nursing her infant son at the time of the bombing and recalls how the force of the explosion tore him from her hands. Evid. Tr. 19:23-20:8. Amidst the chaos that ensued, the family members were separated and taken to different hospitals for treatment. The three older Cohen children were taken to the same hospital as their parents, but Ora did not learn that her younger children had survived until several hours after the attack, and the family was not reunited for at least a week. Pis/ MDJ 1. Each of the Cohens was physically injured in the original blast and, to varying degrees, continues to experience the effects of the bombing today. Their alleged injuries include loss of vision, loss of hearing, damage from shrapnel, anxiety attacks, depression, fear of public transportation, and ongoing emotional trauma. See Pis.’ MDJ 6-16.

Within hours of the attack, Hamas claimed responsibility for the suicide bombing by releasing a series of photographs of Misk on its website, some of him posing with automatic weapons; posting a video of him reading his living will; and adding him to its list of Hamas “martyrs.” See Pls.’ MDJ, Ex. 4 (“Levitt Deck”) at 19-20; see also Pis.’ MDJ, Exs. 11-15 (translations of Hamas’ website featuring photos and statements from Misk). A number of Hamas operatives, who helped plan and execute the bus bombing, were eventually captured and convicted for their role in the conspiracy. Id.; see also Pls.’ MDJ, Exs. 16-20 (sentences and verdicts for four of Misk’s co-conspirators).

Soon after the bombing, Ronit Mohab-ber, Ora’s sister who was living in California, learned that Ora and her family had been victims of the attack. See Pls.’ MDJ, Ex. 27 (“Ronit Dep.”) at 10:9-11:15. She broke the news to their younger sister, Orly Mohaber, later that day. 1 See id. at 13:12-14:24. The sisters decided to keep the information from their mother and father, Shokat Sadian and Neria Mohaber, because they worried about how their parents would be affected by the news: Sho-kat was wheelchair-bound and recovering from a stroke, and Neria had recently undergone a triple bypass surgery. See id. at 12:4-12, Over the next few months, however, Ms. Sadian noticed her daughters acting suspiciously and eventually learned that Ora and her grandchildren had been *77 victims of the bus bombing. Pls.’ MDJ, Ex. 30 (“Shokat Aff.”) ¶¶ 4-6. She immediately told her husband, who was visibly shaken. Id. at ¶ 7. He would ask how Ora and her children were doing every day and wanted to see for himself that they had survived, but he did not have the opportunity to see them in person before he passed away in 2009. Id. at ¶ 9.

B. Plaintiffs

Ora Cohen was born in Iran, but immigrated with her parents and siblings to the United States. Evid. Tr. 13:22-14:9. Ora, along with her parents and sisters, acquired U.S. citizenship through naturalization. See id. at 14:16-15:1. When visiting Israel, she met and married Shalom Cohen, a foreign national, and the couple decided to settle there. See id. at 14:10-13. All of their children, except Meirav, who was born in Los Angeles, were born in Israel but acquired U.S. citizenship upon birth through their mother. Pls.’ MDJ, Ex. 29 (“Ora Aff.”) ¶¶2, 4-11.

C. Defendants’ Support of Hamas

The facts contained in this section largely derive from the declarations of two experts with extensive experience studying, writing, and testifying about Iran: Dr. Patrick Clawson, the Director for Research at The Washington Institute for Near East Policy, and Dr. Matthew Levitt, a Senior Fellow and Director at The Washington Institute for Near East Policy. Pis.’ MDJ, Ex. 2 (“Clawson Aff.”); Ex. 4 (“Levitt Decl.”). 2 Hamas, short for Hara-kat al-Muqawamah al-Islamiyya or “the Islamic Resistance Movement,” operates out of the West Bank and Gaza Strip. Compl. ¶ 27. According to Dr. Levitt, Ha-mas has as its mission the “destruction of] Israel and creation of], an Islamic Palestinian state' in its place,” and will use any means necessary to achieve its goal. Levitt Decl. at . 17. As part of its resistance efforts, Hamas carries out attacks “intended to terrorize,- to instill fear in the civilians who compromise the local population so that they will ... leave.” Id. at 18. In 1995, the United States government labeled Ha-mas a “Specially Designated Terrorist,” and in 1997, it was designated a “Foreign Terrorist Organization.” Compl. ¶ 29.

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238 F. Supp. 3d 71, 2017 WL 818208, 2017 U.S. Dist. LEXIS 28392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-islamic-republic-of-iran-dcd-2017.