GILMORE, et al v. PALESTINIAN INTERIM, et al
Filing
382
MEMORANDUM OPINION to the Order granting Defendants' Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/28/14. (CL, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
REUVEN GILMORE, et al .
Plaintiffs,
Civil Action No. 1-853 (GK)
v.
PALESTINIAN INTERIM SELFGOVERNMENT AUTHORITY, et al . ,
Defendants.
MEMORANDUM OPINION
Plaintiffs are family members and the estate of Esh Kodesh
Gilmore, a United States national killed in a shooting attack in
East
Jerusalem
against
October
the
Defendants,
Authority
("PLO")
on
("PA")
and
(collectively,
Terrorism Act of 1991
30,
2000.
They
Palestinian
the
Interim
Palestine
"Defendants")
("ATA"),
bring
pursuant
§
case
Self-Government
Liberation
18 U.S.C.
this
Organization
to
2331,
et
the
Anti-
~'
and
related common law theories.
This matter is before the Court on Defendants' Motion for
Summary
Judgment
Motion,
Opposition
the
entire
record
[Dkt.
No.
[Dkt No.
herein,
285].
Upon
336-1],
and Reply
and
for
the
consideration
[Dkt.
reasons
No.
stated
Defendants' Motion for Summary Judgment shall be granted.
of
the
341],
below,
I .
BACKGROUND
A.
1
Factual Background
Plaintiffs'
family
member
Esh
Kodesh
Gilmore
("Gilmore")
was a United States national who made his home in Mevo Modi'im,
an Israeli neighborhood near the West Bank.
2.
See SOMF at 1
~~
1-
He was killed on October 30, 2000, in a shooting attack at a
branch
office
of
the
National
Insurance
Institute
East Jerusalem, where he worked as a security guard.
("NII")
Id. at 2
in
~
3.
The
Intifada,
attack
occurred
at
the
beginning
of
the
Second
a period of sustained violence and unrest in Israel
and Palestine. 2
According to an informational release issued by
1
The facts are drawn from the Plaintiffs' Counter-Statement of
Material Facts to Which There Are Genuine Issues ("SOMF") [Dkt.
No. 335-4] and accompanying exhibits.
Resolution of this Motion
turns entirely on whether certain items of evidence are
admissible under the Federal Rules of Evidence, which is a
matter to be determined solely by the Court and does not present
any questions that would otherwise be submitted to a jury.
See
Fed. R. Evid. 104.
Consequently, the Court includes facts that
provide the basis for its evidentiary rulings, even if disputed.
Other than the date, location, and fact of Gilmore's death, the
facts are disputed unless otherwise stated.
2
According to a Report issued by the United States State
Department,
the
"sustained violence
between
Israelis
and
Palestinians .
. broke out" on September 28, 2000, and by the
end of July, 2001, more than 6,000 serious incidents of violence
in the West. Bank, Gaza, and Israel had been reported.
See
Second Corrected Declaration of Robert J. Tolchin ("Tolchin
Decl. "), Ex. 64 (United States State Department Report on the
.-2-
the
Israel
Ministry
was
perpetrated by
after noon,
security
a
fired a
guards
of
in
sole
62
gunman
who
entered
the
waiting
room,
of Robert
J.
(IMFA webpage dated Sept.
and
prosecuted or
SOMF
~
4,
it
is
the
undisputed
convicted
anyone
23,
that
in
fled
Tolchin
shooting
NII
shortly
on
foot.
See
( "Tolchin Decl.
[Dkt.
2013)
Gilmore died upon arrival at the hospital.
Although
the
number of shots at close range at the two
Second Corrected Decl.
Ex.
( "IMFA 11 ) ,
Foreign Affairs
No.
11
)
,
333-21].
Id.
the
State
connection
of
with
Israel
the
neve.r
attack,
Plaintiffs believe the attack was planned and carried
out by a terrorist cell consisting of officers in a PA security
unit known as the Presidential Security Services,
and
members
Complaint
of
an
("Compl.
11
)
armed
~~
PLO
17-30
faction
called
[Dkt. No.
~~ 26,
Id.
killed
Forces
2002.
by
SOMF
Israeli
~
Defense
27,
( IDF)
"Tanzim.
11
Specifically,
1].
allege that the gunman who shot Gilmore was a
named Muhanad Abu Halawa.
or "Force 17,
28. 3
on
or
11
See
they
Force 17 officer
Abu Halawa was
about
March
5,
6.
Status of the PLO Commitments Compliance Act ("PLOCCA 11 ) ,
Dec. 15, 2000 - June 15, 2001) at 2 [Dkt. No. 334-1 at 3].
3
dated
Due to the transliteration of his name from Arabic to English,
the name Abu Halawa is sometimes written as "Muhannad Abu
Halaweh 11 and "Muhand Abu Haliwa. 11
He was also known as
"Muhannad Sa'eed Munib Deireia. 11
-3-
Plaintiffs
claim
that
"[b) etween
September
2000
and
his
death in March 2002, a time period during which he was employed
full-time
much
in
if
Presidential
not
most
of
Security /Force
his
time
17,
executing
Abu
Halawa
terrorist
together with a mix of other PA and Fatah officers,
operatives
all
of
whom were
convicted of
numerous violent terrorist attacks [.]"
further allege that,
spent
attacks
leaders and
carrying out
SOMF at 8
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