TULTY et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Filing 6

AMENDED COMPLAINT against SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, MUAMMAR QADHAFI, JOHN DOESfiled by ABDELRAHIM S. ABDUSSALAM, MOHAMED ELJAHMI, MOHAMMED BUISER, ASHRAF TULTY, MOHAMED BUGHEGHIS, JABALLA HASAN.(nmw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Ashraf Tulty
2190 Pimmit Dr.
Falls Church, Va.

:
:
:
:
Mohammed Bugaighis
:
2440 Madison Ave.
:
Bethlehem, Pa. 18017
:
:
Abdelrahim S. Abdussalam
:
253 Flagstone Dr.
:
Bethlehem, Pa. 18017
:
:
Jaballa M. Hasan
:
801 County Place
:
Houston, TX. 77079
:
:
Mohammed Eljahmi
:
10 Herbert Rd.
:
Chelmsford, Pa.
:
:
Mohammed Buisier
:
2190 Pimmit Dr.
:
Falls Church, Va.,
:
Plaintiffs
:
v.
:
:
Socialist People’s Libyan Arab Jamahiriya :
:
And
:
:
Muammar Qadhafi
:
:
And
:
:
John Does,
:
:
Defendants
:

Case No. 1:04CV01780
Judge John D. Bates

AMENDED COMPLAINT
COME NOW the plaintiffs, by counsel, and file this Amended Complaint against
the defendants, alleging as follows:

JURISDICTION AND VENUE
1.

This court has subject matter jurisdiction pursuant to 28 USC 1330(a) as

one or more of the claims arise under the laws of the United States.
2.

This court has jurisdiction pursuant to 28 U.S.C. §1330(a) over the claim

against Libya as a state based on the Foreign Sovereign Immunities Act 28 USC
1605(a)(7), and the Alien Tort Claims Act 28 USC §1350.
3.

Venue is appropriate in this Court pursuant to 28 USC 1391(f)(4).

4.

Libya has been designated a state sponsor or terrorism. See 31 C.F.R. §

596.201 (2001).
5.

This court has personal jurisdiction over Libya as a state because the

claimants are U.S. Citizens, persons seeking U.S. citizenship, persons present in the
United States, and all of whom are refugees and victims of actions taken by Libya against
them and/or their property.
6.

This action is for compensatory and punitive damages for actions against

U.S. Citizens and persons present in the United States seeking U.S. citizenship by the
state of the Socialist People’s Libyan Arab Jamahiriya (“Libya”) and by officials,
representatives and agents of the Libyan government. The actions described herein
constitute torture, genocide and other crimes against humanity and the unlawful taking
/conversion of property. All persons named in this complaint were a part of a conspiracy
to implement acts of torture and other crimes against humanity.

PARTIES
PLAINTIFFS
7.

Ashraf Tulty is a permanent resident of the United States, whose brother,

Ahmed Tulty, has resided in Libya and has been subjected to torture by agents of Libya.
8.

Ahmed was imprisoned at Abu Saleem prison outside Tripoli, Libya,

where, upon information and belief, he was routinely beaten severely without
provocation.
9.

Upon information and belief, Ahmed was eventually killed by prison

authorities.
10.

Mohammed Bugaighis is a United States citizen, who, with his family

(some of whom still reside in Libya) owned property, which has been confiscated by the
government without compensation.
11.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.
12.

Mohammed Eljahmi is a United States citizen, some of whose family still

resides in Libya.
13.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.
14.

Mohammed Buisier is a permanent resident of the United States, some of

whose family still resides in Libya.

15.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.
16.

Jaballa M. Hasan is a permanent resident of the United States, some of

whose family still resides in Libya.
17.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.
18.

Mohammed Eljahmi is a United States citizen, some of whose family still

resides in Libya.
19.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.
20.

Abdelrahim S. Abdussalam is a United States citizen, some of whose

family still resides in Libya.
21.

The defendant, Libya, through its agents, have seized his property without

legal or other basis, and have threatened him and his family with “collective punishment”
if he or they took any action against Libya.

DEFENDANTS
22.

All of the individuals named in this complaint are officials, employees or

agents of Defendant Libya, acting within their official capacities.

23.

Defendant, Muammar Qadhafi is, and at all times relevant was, the head

of state of Libya and thus an agent and official of Libya. Acting within the scope of his
official capacity, employment, and/or agency, Qadhafi ordered, caused and/or assisted in
the actions against the plaintiffs and/or their families.
STATEMENT OF FACTS
24.

The allegations of paragraphs 1-23 are incorporated herein as if fully set

25.

Actions by defendants as alleged hereinabove violate the Convention

forth.

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(“Punishment Convention”) because they constitute cruel, inhuman and degrading
treatment. G.A. Res. 39/46, 39 U.N. Doc., GOAR Supp. (No. 51) at 197, U.N. Doc.
A/39/51 (1984) (Ratified by the United States November 20, 1994)
26.

Actions by the state of Libya violate the International Covenant on Civil

and Political Rights, G.A. Res. 2220A (i), 21 U.N. Doc., GOAR Supp. (No. 16) at 52,
U.N. Doc. A/6316 (1966) (Ratified by the United States September 8, 1992).
CLAIMS FOR RELIEF
COUNT I. TORTURE
27.

The allegations of paragraphs 1-25 are incorporated herein as if fully set

28.

The actions of defendants against Ahmed Tulty constitute torture as

forth.

defined in 28 USC §1350 sec. (b).
29.

As a proximate result of the actions of the defendants plaintiff, Ashraf

Tulty, has suffered emotional distress, loss of services and kindly offices of his brother.

WHEREFORE, the plaintiff, Ashraf Tulty, demands judgment against the
defendants, jointly and severally, in the amount of THREE HUNDRED MILLION
DOLLARS ($300,000,000.00).
COUNT II. EXTRAJUDICIAL KILLING
30.

The allegations of paragraphs 1-25 are incorporated herein as if fully set

31.

The actions of defendants against Ahmed Tulty constitute Extrajudicial

forth.

Killing as defined in 28 USC §1350 sec. 3(a).
32.

As a proximate result of the actions of the defendants the plaintiff, Ashraf

Tulty, has been injured as alleged hereinabove.
WHEREFORE, the plaintiff, Ashraf Tulty, demands judgment against the
defendants, jointly and severally, in the amount of THREE HUNDRED MILLION
DOLLARS ($300,000,000.00).
COUNT III. CONVERSION
33.

The allegations of paragraphs 1-25 are incorporated herein as if fully set

34.

The seizure of the plaintiffs’ Mohammed Bugaighis, Abdelrahim S.

forth.

Abdussalam, Jaballa M. Hasan, Mohammed Buisier and Mohammed Eljahmi’s property
as alleged hereinabove was in violation of 28 USC 1605(a)(7), and the Alien Tort Claims
Act 28 USC §1350.
35.

As a proximate result of the willful, wrongful, intentional and reckless acts

of defendants the plaintiffs were unlawfully deprived of their property and said property
was converted to defendants’ use.

WHEREFORE, the plaintiffs, Mohammed Bugaighis, Abdelrahim S.
Abdussalam, Jaballa M. Hasan, Mohammed Buisier and Mohammed Eljahmi, demand
judgment against the defendants, jointly and severally, in the amount of THREE
HUNDRED MILLION DOLLARS ($300,000,000.00).
COUNT IV. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
36.

The allegations of paragraphs 1-25 are incorporated herein as if fully set

37.

The actions of defendants in torturing Ahmed Tulty, and in threatening

forth.

harm to the other plaintiffs and/or their families and/or confiscating their property
constitute extreme and outrageous conduct which cannot be tolerated in civilized society.
38.

As a direct and proximate result of defendants’ conduct, the plaintiffs were

caused to suffer severe emotional/mental distress.
WHEREFORE, the plaintiffs demand judgment against the defendants, jointly
and severally, in the amount of THREE HUNDRED MILLION DOLLARS
($300,000,000.00).
PRAYER FOR RELIEF
WHERFORE, Plaintiffs pray that the Court grant them judgment against the
defendants, jointly and severally, as follows:
A.

Compensatory damages in the amount of THREE HUNDRED

MILLION DOLLARS ($300,000,000.00) on each count.
B.

Punitive damages in the amount of THREE HUNDRED MILLION

DOLLARS ($300,000,000.00) on each count.
C.

Reasonable costs and expenses;

D.

Reasonable attorneys’ fees; and

E.

Such other and further relief as the Court may deem appropriate.

PLAINTIFFS DEMAND A JURY TRIAL ON ALL ISSUES.
Ashraf Tulty
Mohammed Buiser
Mohammed Bugaighis
Abdelrahim S. Abdussalam
Jaballa M. Hasan
Mohammed Eljahmi
By Counsel

CORISH, HILL & ASSOCIATES, PLLC
________________________________________
Robert S. Corish, Esq., Bar #14009
1039 Sterling Rd. Ste. 102
Herndon, Va. 20170
[phone]
Counsel for Plaintiffs