Sullivan v. Republic of Cuba

289 F. Supp. 3d 231
CourtDistrict Court, D. Maine
DecidedOctober 2, 2017
DocketDocket no. 1:16–CV–310–GZS
StatusPublished
Cited by3 cases

This text of 289 F. Supp. 3d 231 (Sullivan v. Republic of Cuba) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan v. Republic of Cuba, 289 F. Supp. 3d 231 (D. Me. 2017).

Opinion

George Z. Singal, United States District Judge

Before the Court is Plaintiff Sherry Sullivan's Motion for Default Judgment (ECF No. 13) in this action arising from the disappearance of her father. After careful consideration of her filings and the evidence presented, and for the foregoing reasons, the Court DENIES the Motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 21, 2016, Sherry Sullivan ("Sullivan") filed her Complaint with this Court seeking enforcement of a state court judgment against the Republic of Cuba ("Cuba"). The August 10, 2009 default judgment of the Maine Superior Court awarded Sullivan twenty-one million dollars ($21,000,000.00) in compensatory damages, plus pre-and post-judgment interest and costs, based on Cuba's "extrajudicial killing" of her father. As relevant to the matter before this Court, the state court made the following findings of fact: Geoffrey Francis Sullivan ("Geoffrey Sullivan") was an American citizen and the father of Sherry Sullivan, an American citizen, who "was, is and/or will be duly appointed as the successor to, heir to and guardian of her father's estate." (Superior Court Judgment (ECF No. 1-3), PageID # 18.) Cuba is a foreign state that, at the time of the proceeding in the state court, had been designated a state sponsor of terrorism. Geoffrey Sullivan served in the United States Air Force and Army National Guard and was a licensed small aircraft pilot. In the National Guard, Geoffrey Sullivan met Alexander Rorke, Jr. From 1960 until their disappearance around October 1963, Geoffrey Sullivan and Rorke participated in various covert missions in Cuba and Central America against the Cuban *234government of Fidel Castro, such as the bombing of an oil refinery in Havana. In the fall of 1963, Geoffrey Sullivan and Rorke flew a twin-engine airplane from Florida with the purported destination of Honduras to engage in commercial "lobster hauling." However, they actually flew to several places in Mexico.1 On October 1, 1963, Geoffrey Sullivan and Rorke flew to Cozumel, Mexico, and then on to a further unknown location. The state court described the evidence about what then happened to Geoffrey Sullivan as follows:

Evidence has been uncovered which has revealed that Mr. Sullivan was shot down over Cuba in the course of a covert mission against the Castro regime and was and had been imprisoned by the Castro regime in Cuba, without disclosure of same, in violation of international law, thereafter. That evidence includes, among other information, specifically, (1) reports contemporaneous to the October 1, 1963 disappearance from a variety of sources which stated that Rorke and Sullivan had been shot down and that two Caucasians fitting the description of Rorke and Sullivan had been taken aboard a Cuban sea-going vessel; (2) United States Department of State records dating from November, 1963 which detail 'rumors emanating from Cuban refugees that Rorke and Sullivan reportedly crashed in Cuba and that either Rorke or Sullivan was killed, but one of them was alive;' (3) in 1969, Americans who had been formerly incarcerated in Cuba reported that the 'Sullivan' name was familiar from detainments at both the G-2 military police headquarters in Havana, Cuba and the Marone Prison for Political prisoners; (4) in 1972, a private American pilot detained in Cuba on unrelated charges reported that he had been detained adjacent to a Caucasian American who claimed to be Mr. Sullivan and claimed to then having been detained for 'almost ten years'; (5) a 1989 Miami, Florida newspaper article on the Rorke/Sullivan disappearance prompted a report to a radio talk-show program from a Cuban émigré that Rorke and Sullivan [had been] shot down 'during combat' with a Cuban aircraft 'belonging to the [Cuban] Ministry of Light Industry, Commandant Ernesto "Che" Guevara' ... and that '[T]he [Cuban] Ministry of the Armed Forces and the Ministry of the Interior have in their possession the registration number, day, hour and place in which this account took place. The [American] airplane was taking action of sabotage against the sugar cane industry of Cuba ...'; (6) in 1989, a Cuban émigré formerly imprisoned at the 'Combinado del Este' prison in Cuba related that he had advised the FBI and CIA years prior that a (badly burned) American had been at the prison hospital there contemporaneous with the period immediately following the Rorke/Sullivan disappearance; and (7) in 1991, two separate Cuban-Americans who themselves had been imprisoned at the 'Combinado del Este' prison at various times reported the presence there of a Caucasian prisoner named 'Sullivan'.

(Superior Court Judgment, PageID # s 20-21.)

The state court further found that, after his 1963 disappearance, Geoffrey Sullivan had been declared legally dead by the United States Social Security Administration and by a proclamation of the Maine State Legislature.2 Finally, the state court found that Cuba "has intentionally, unlawfully, and with complete disregard for human *235life caused the indeterminate, undisclosed and illegal incarceration of Mr. Sullivan, which incarceration has culminated in the legally-declared death of Mr. Sullivan and which constitutes an extrajudicial killing under applicable law." (Superior Court Judgment, PageID # 21.)

Given these findings, the state court determined it had subject matter jurisdiction pursuant to the terrorism exception of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605A, which, in relevant part, provides federal and state courts with jurisdiction over suits against certain foreign states based on any "extrajudicial killing" carried out or supported by those foreign states. Based on Cuba's default in the state suit and the state court's conclusion that "[t]he indeterminate, undisclosed and illegal incarceration of Mr. Sullivan, which incarceration has culminated in [his] legally-declared death ... constitutes an extrajudicial killing," the state court concluded that Cuba was liable to Sherry Sullivan for her father's death.3 (See Superior Court Judgment, PageID # s 25, 26.) The state court also determined that it had subject matter jurisdiction "pursuant to Maine state law ... because Plaintiff seeks damages for wrongful death" and that the court had personal jurisdiction over Cuba in part based on "Maine's long-arm statute." (Superior Court Judgment, PageID # 25.)

Regarding the assessment of damages, the court found that Sullivan "has devoted her life to uncovering the truth respecting her father"-including by contacting "dozens of Federal agencies and officials" and pursuing an action under the Freedom of Information Act (FOIA)-and that the uncertainty over her father's fate has "devastated her life." (Superior Court Judgment, PageID # 23-24.) The court ultimately awarded damages to Sullivan based upon, "(a) The loss of support and services suffered and to be suffered by Sherry Sullivan as a result of her father's wrongful death; (b) The severe emotional distress and anguish suffered by Sherry Sullivan, which she will continue to suffer as a result of her father's wrongful death; (c) The loss of net accumulations and sustained economic damages owed to the Estate of Geoffrey Francis Sullivan; and (d) Damages for pain and suffering prior to death owed to [the estate of] Geoffrey Francis Sullivan." (Superior Court Judgment, PageID # s 26-27.)

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289 F. Supp. 3d 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-republic-of-cuba-med-2017.