Lee v. Iran

District Court, District of Columbia·Decided May 28, 2026·No. Civil Action No. 2019-0830·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

WILLIAM LEE, et al., )

)

Plaintiffs, )

)

v. ) Case No. 19-cv-00830 (APM)

)

ISLAMIC REPUBLIC OF IRAN, )

)

Defendant. )

_________________________________________ )

MEMORANDUM OPINION

I. INTRODUCTION This Memorandum Opinion addresses the recommended damages awards for 12 Plaintiffs as contained in Special Master Stephen A. Saltzburg’s Report and Recommendations Regarding Damages for Twelve Plaintiffs Identified in the Court’s April 28, 2026, and May 8, 2026, Orders, ECF No. 213 [hereinafter Report], submitted to the court on May 26, 2026. For the reasons stated below, the court adopts the Special Master’s recommendations. II. PROCEDURAL BACKGROUND This case involves 99 attacks against the U.S. military by insurgents in Iraq who Plaintiffs allege were materially supported by Defendant Islamic Republic of Iran (“Iran”). The matter is brought by over 352 Plaintiffs, consisting of military servicemembers and contractors, their estates, and their family members. This court has now found Iran liable under the Foreign Sovereign Immunities Act (FSIA) for four “bellwether” attacks involving the claims of 20 Plaintiffs, Lee v. Islamic Republic of Iran (Lee I), 518 F. Supp. 3d 475, 496 (D.D.C. 2021), the injuries of Plaintiffs arising from 27 additional attacks, Lee v. Islamic Republic Iran (Lee II), 656 F. Supp. 3d 11, 56–

57 (D.D.C. 2023), and recently, the injuries of Plaintiffs arising from another 13 attacks, Lee v. Islamic Republic of Iran (Lee III), No. 19-cv-830, 2026 WL 1218585 (D.D.C. Apr. 28, 2026); Order, ECF No. 204; Order, ECF No. 212.

On May 1, 2026, the court appointed Special Master Stephen A. Saltzburg to take evidence and file reports and recommendations regarding the claims of the Lee III Plaintiffs. See Order Appointing Professor Stephen A. Saltzburg as Special Master, ECF No. 192. The court instructed that Special Master Saltzburg “be guided in reviewing and evaluating damages claims by Foreign Sovereign Immunities Act . . . opinions, including Peterson v. Islamic Republic of Iran, 515 F. Supp. 2d 25, 54–56 (D.D.C. 2007); Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52, 85 (D.D.C. 2010), and their progeny.” Id. at 2.

Before the court is Special Master Saltzburg’s recommendations regarding damages for the solatium claims of 12 Plaintiffs who are family members of servicemembers killed in seven of the Lee III attacks. See generally Report. Plaintiffs do not object to the Report under Federal Rule of Civil Procedure 53(f)(2). See Notice of Non-Objection to Report, ECF No. 214. III. DISCUSSION A. Liability “Solatium claims under the FSIA are functionally identical to claims for intentional infliction of emotional distress.” Moradi v. Islamic Republic of Iran, 77 F. Supp. 3d 57, 71–72 (D.D.C. 2015) (internal quotation marks omitted). “They are intended to compensate persons for mental anguish, bereavement, and grief that those with a close personal relationship to a decedent experience, as well as the harm caused by the loss of the decedent’s society and comfort.” Id. (cleaned up). Under the FSIA, “United States nationals or their legal representatives have standing to bring a cause of action for damages including solatium where personal injury or death

results from state sponsored terrorism.” Flatow v. Islamic Republic of Iran, 999 F. Supp. 1, 29 (D.D.C. 1998) (citing 28 U.S.C. § 1605A(c)). While solatium “began as a remedy for the loss of a spouse or a parent,” “[i]t has since expanded to include the loss of a child.” Id. at 29.

All 12 family-member Plaintiffs have satisfied the FSIA’s nationality and immediate-

family requirements. See Lee III, 2026 WL 1218585, at *18; Order, ECF No. 204. They are therefore all permitted to bring solatium claims arising from their family member’s injuries. Roth v. Islamic Republic of Iran, 78 F. Supp. 3d 379, 400 (D.D.C. 2015). The court now makes findings as to the injuries suffered by each family-member Plaintiff.

1. Master Sergeant Tulsa Tuliau Master Sergeant (“MSG”) Tulsa Tuliau was killed in an attack on September 26, 2005, in FOB Rustamiyah, Iraq. The court previously found Iran liable for this attack. Lee III, 2026 WL 1218585, at *6.

Masina Tuliau. Plaintiff Masina Tuliau is MSG Tuliau’s mother. Report at 3. Masina considered MSG Tuliau’s birth a “true blessing.” Id. After MSG Tuliau’s death, Masina “found it difficult to eat or sleep,” as she had “lost [her] baby boy, the remaining man in [her] family.” Id. at 4. She has turned to her faith to “help her cope.” Id. The court therefore agrees with Special Master Saltzburg that Masina Tuliau is entitled to recover solatium damages arising from MSG Tuliau’s death.

2. Staff Sergeant Jay Collado Staff Sergeant (“SSG”) Jay Collado was killed in an attack on February 20, 2006, in Hindiyah, Iraq. The court previously found Iran liable for this attack. Lee III, 2026 WL 1218585, at *6–7.

Judy Collado. Plaintiff Judy Collado is SSG Collado’s widow. Report at 5. SSG Collado was a “devoted, loving husband” to Judy. Id. at 6. When SSG Collado deployed to Iraq, Judy was “scared and worried for his safety” and “feared the knock at her door telling her that her husband would not be coming home.” Id. That day came on February 20, 2006, when officers came to Judy’s home to notify her that SSG Collado had been killed. Id. at 7–8. At SSG Collado’s funeral, his casket was closed because of the “brutal manner of his death,” depriving Judy of “closure” and the opportunity to “say good-bye.” Id. at 8. Because SSG Collado’s body had not originally been returned intact, Judy continued to receive his body parts even after the funeral. Id. Judy was thus forced to bury her husband three times, each time reliving a “nightmare.” Id. The death and repeated burials on top of caring for their daughter caused significant hardship. Id. The court therefore agrees with Special Master Saltzburg that Judy Collado is entitled to recover solatium damages arising from SSG Collado’s death.

Kaiya Collado. Plaintiff Kaiya Collado is SSG Collado’s daughter. Id. at 5. Kaiya was only five years old when her father died and has experienced considerable difficulty from “navigating through life without a father.” Id. at 9–10. When SSG Collado died, Kaiya lost not only her father’s presence, but also the “relationship they would have built” and “the guidance he would have offered.” Id. at 11. The court therefore agrees with Special Master Saltzburg that Kaiya Collado is entitled to recover solatium damages arising from SSG Collado’s death.

3. Captain Kevin Landeck Captain (“CPT”) Kevin Landeck was killed in an attack on February 2, 2007, in FOB Mahmudiyah, Iraq. The court previously found Iran liable for this attack. Lee III, 2026 WL 1218585, at *8.

Victoria Landeck. Plaintiff Victoria Landeck is CPT Landeck’s mother. Report at 11–12.

Victoria describes her relationship with her son “as a special and rare one.” Id. at 12. When CPT Landeck deployed to Iraq in 2006, she was “consumed with the fear that something bad would happen.” Id. at 13. After receiving the news of CPT Landeck’s passing, Victoria “fell to the floor, in disbelief and heart wrenching pain,” feeling that she had lost her “pride and joy.” Id. at 14. Victoria struggled to process the loss, as she felt like she “was watching a horror movie of [her] life.” Id. At the funeral, CPT Landeck’s “terribly disfigured” face was “a gruesome image” and a “heartbreaking reminder” of his last moments. Id. CPT Landeck’s death has caused Victoria to feel that the “‘fabric’ of [her] family had been torn.” Id. The court therefore agrees with Special Master Saltzburg that Victoria Landeck is entitled to recover solatium damages arising from CPT Landeck’s death.

Richard Landeck. Plaintiff Richard Landeck is CPT Landeck’s father. Id. at 11–12.

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