U.S. Appellate Court Affirms Right to Bring Alien Tort Claim against Kidnappers & U.S.

On June 3, 2003, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, affirmed in a split decision the judgment in favor of Mexican national Dr. Humberto Alvarez-Machain and recognizing his right to bring a civil action for damages against the U.S. Government and other individuals acting as an agent of the U.S. in kidnaping Alvarez-Machain from Mexico. Nevertheless, the substance of the opinion may be perceived as a phyrric victory?[more]