ESTATE OF JOHN BUONOCORE III et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al

Filing 1

COMPLAINT against GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, LIBYAN INTERNAL SECURITY, LIBYAN EXTERNAL SECURITY, MU'AMMAR AL-QADHAFI, ABDALLAH AL-SANUSI, IBRAHAIM AL-BISHARI, SIRYAN ARAB REPUBLIC, SYRIAN AIR FORCE INTELLIGENCE, MUHAMMED AL KHULI (Filing fee $ 350) filed by SALVATORE FERRIGNO, ESTATE OF GRACE MALAND, TIM MALAND, ESTATE OF CHARLES SHINN, ESTATE OF JEANNE SHINN, JEANETTE SWEIS, ESTATE OF MICHAEL SWEIS, ESTATE OF AIDA SWEIS, ESTATE OF ELENA TOMMARELLO, ARMANDO PEPENELLA, ESTATE OF JOHN BUONOCORE III, BRUNO PEPENELLA, FRANCESCO ZERILLI, NANCY GAGE, CECIL BUONOCORE, ESTATE OF DON MALAND, ELLEN MALAND, JANE MALAND, MARK MALAND, ESTATE OF EINAR MALAND, JOHN BUONOCORE, II, TODD BUONOCORE.(tg, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Estate of John Buonocore III
by and through Cecil Buonocore
521 Blackgates Road
Wilmington, DE 19803-2448
and
Cecil Buonocore
521 Blackgates Road
Wilmington, DE 19803-2448
and
John Buonocore II
521 Blackgates Road
Wilmington, DE 19803-2448
and
Todd Buonocore
921 Lovering Avenue
Wilmington, DE 19806
and
Salvatore Ferrigno
37 Sibelius Road
Newton, PA 18940
and
Nancy Gage
160 Pinto Drive
Edwards, CO 81632
and
The Estate of Don Maland
By and through Mark Maland
1010 Church Street
Elizabeth City, NC 27909-4608

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COMPLAINT

and
Ellen Maland
4906 N. 29th Street
Arlington, VA 22207
and
Jane Maland
2 Cedar Hill Drive
Durham, NC 27713
and
Mark Maland
1010 Church Street
Elizabeth City, NC 27909-4608
and
The Estate of Einar Maland
By and through Mark Maland
1010 Church Street
Elizabeth City, NC 27909-4608
and
The Estate of Grace Maland
By and through Mark Maland
1010 Church Street
Elizabeth City, NC 27909-4608
and
Tim Maland
2500 East Second Street
Reno, NV 89595
and
The Estate of Charles Shinn
By and through Beverly Mignerey
42015 North Club Pointe Drive
Anthem, AZ 85086

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and
The Estate of Jeanne Shinn
By and through Beverly Mignerey
42015 North Club Pointe Drive
Anthem, AZ 85086
and
Jeanette Sweis
4300 W. 91st Place
Oak Lawn, IL 60453-1964
and
The Estate of Michael Sweis
By and through Jeanette Sweis
4300 W. 91st Place
Oak Lawn, IL 60453-1964
and
The Estate of Aida Sweis
By and through Jeanette Sweis
4300 91st Place
Oak Lawn, IL 60453-1964
and
The Estate of Elena Tommarello
By and through Bruno Pepenella
636 East McMurry Road
McMurry, PA 15317
and
Armando Pepenella
119 Pier D
Naples, FL 34113
and
Bruno Pepenella
636 East McMurry Road
McMurry, PA 15317

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and
Francesco Zerilli
1959 E. Jefferson Ave.
Suite 407
Detriot, MI 48207

Plaintiffs,
v.

Great Socialist People’s Libyan
Arab Jamahiriya a/k/a LIBYA
Tripoli, LIBYA
and
Libyan Internal Security a/k/a
al-‘Amn al-Dhakhili
Bab-al-Azizyeh
Assur Road
Tripoli, LIBYA
and
Libyan External Security a/k/a
al-‘Amn al-Khariji
Bab-al-Azizyeh
Assur Road
Tripoli, LIBYA
and
Mu’ammar al- Qadhafi
Supreme Leader of the Great Socialist
People’s Libyan Arab Jamahiriya
Tripoli, LIBYA
and
Major Abdallah al-Sanusi
Chief, Libyan Internal Security
Bab-al-Azizyeh
Assur Road

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Tripoli, LIBYA

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Ibrahaim al-Bishari
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Chief, Libyan External Security
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Bab-al-Azizyeh
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Assur Road
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Tripoli, LIBYA
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SYRIAN ARAB REPUBLIC
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Damascus, SYRIA
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Syrian Air Force Intelligence
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Kafar Susa Roundabout
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Damascus, SYRIA
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General Muhammed Al Khuli
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Chief, Syrian Air Force Intelligence
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Kafar Susa Roundabout
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Damascus, SYRIA
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Defendants :
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COMPLAINT FOR COMPENSATORY AND PUNITIVE DAMAGES
Plaintiffs bring this action pursuant to the provisions of 28 U.S.C. § 1602, et seq.
This action arises out of the injuries and deaths of John Buonocore III, Frederick Gage,
Don Maland, Charles Shinn, and Elena Tommarello, and the injuries of Salvatore
Ferrigno, Mark Maland, Jeanette Sweis, Michael Sweis, Jeanne Shinn and Francesco
Zerilli, all of which resulted from the terrorist attack at the Leonardo da Vinci Airport,
a/k/a Fiumicino Airport (“Rome Airport”) in Rome, Italy on December 27, 1985 (“Rome

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Airport Attack”), which targeted the TWA and El Al check-in counters and was carried
out simultaneously and in conjunction and coordination with a similar attack at the
Schwechat Airport outside of Vienna, Austria (“Vienna Airport Attack”). Both the Rome
Airport Attack and the Vienna Airport Attack were carried out by certain individuals
acting under the instruction and/or control of the Defendants and/or utilizing the funding
and support provided by the governments of Libya and Syria as state sponsors of
terrorism and others who support terrorism, and to which actions the Defendants rendered
material support and direct involvement. Plaintiffs state in support of their Complaint
and allege as follows:
JURISDICTION AND VENUE
1.

Jurisdiction over the subject matter of this case arises under 28 U.S.C. §§

1330 (a), 1331, 1332(a)(2) and 1605.
2.

Defendants Great Socialist People’s Libyan Arab Jamahiriya (hereinafter

“Libya”), al ‘Amn-al Dhakhili (hereinafter “Libyan Internal Security Agency”), al-‘Amn
al Khariji (hereinafter “Libyan External Security Agency”), Syrian Arab Republic
(hereinafter “Syria”), and the Syrian Air Force Intelligence are subject to suit in the
courts of the United States as sponsors of and participants in the ANO’s activities
pursuant to the Foreign Sovereign Immunities Act, as amended, (hereinafter “FSIA”) 28
U.S.C. § 1605(a)(7), and related statutes.
3.

Defendants General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major

Abdallah al-Sanusi, and Ibrahaim al-Bishari are subject to suit in the courts of the United
States pursuant to the FSIA, 28 U.S.C. § 1605(a)(7), and related statutes.

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4.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(f)(4), which

provides, in pertinent part, that a civil action against a foreign state may be brought in the
United States District Court for the District of Columbia.
5.

Actions for wrongful death, personal injury and related torts perpetrated by

foreign state sponsors of terrorism acting by and through their officials, employees and
agents within the meaning of 28 U.S.C. § 1605(a)(7) are unique causes of action arising
out of the federal counter-terrorism statute(s) and are controlled by federal law.
THE PARTIES
A.

The Plaintiffs
6.

This action is brought by the Plaintiffs, by and through their counsel, in the

individual capacity of each Plaintiff and, as appropriate, in the capacity of each as
representative of the estate, for their own benefit, for the benefit of each particular estate,
and for the benefit and on behalf of all those legally entitled to assert a claim under the
Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq., and state common law and
statutory law.
The Buonocore Family
7.

Plaintiff The Estate of John Buonocore III, is represented in this action by

and through Cecil Buonocore, the Administrator of said Estate. John Buonocore III was,
at the time of the acts alleged and throughout his lifetime, an American citizen and, at the
time of his death, a citizen and resident of the State of Delaware. John Buonocore III
was, at all pertinent times alleged herein, a victim of “torture” who was murdered by an
act of “extrajudicial killing” as defined in Section 3 of the Torture Victims Protection Act
of 1991 (hereinafter “TVPA”), 28 U.S.C. 1350. He suffered “personal injury” and

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“death” as the result of Defendants’ actions and terrorist acts and activities as described
in 28 U.S.C. § 1605(a)(7). Plaintiff The Estate of John Buonocore III, by and through its
Administrator, Cecil Buonocore, can sue and be sued in this Court.
8.

Plaintiffs Cecil Buonocore and John Buonocore II at all times relevant

hereto are and were the natural parents of John Buonocore III. Cecil Buonocore and John
Buonocore II are citizens of the United States of America who reside in the State of
Delaware. Plaintiffs Cecil Buonocore and John Buonocore II can sue and be sued in this
Court.
9.

Plaintiff Todd Buonocore at all times relevant hereto is and was the

brother of Plaintiff John Buonocore III. Plaintiff Todd Buonocore is a citizen of the
United States of America who resides in the State of Delaware. Plaintiff Todd
Buonocore can sue and be sued in this Court.
Salvatore Ferrigno
10.

Plaintiff Salvatore Ferrigno is currently a United States citizen who resides

in the State of Pennsylvania. Salvatore Ferrigno was, at all pertinent times alleged
herein, a victim of “torture” as defined in the TVPA, 28 U.S.C. § 1350. He suffered
“personal injury” caused by the Defendants’ actions, terrorist acts and activities as
defined in 28 U.S.C. § 1605(a)(7). Plaintiff Salvatore Ferrigno can sue and be sued in
this Court.
Nancy Gage
11.

Plaintiff Nancy Gage is a citizen of the United States of America who

resides in the State of Colorado. Plaintiff Nancy Gage brings this action in her individual
capacity as the sister of Frederick Gage and in her capacity as the person to whom the

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amount recovered for his wrongful death belongs. Frederick Gage was, at the time of the
acts alleged and throughout his lifetime, an American citizen and, at the time of his death,
a resident and citizen of the State of Wisconsin. Frederick Gage was, at all pertinent
times alleged herein, a victim of “torture” who was murdered by an act of “extrajudicial
killing” as defined in Section 3 of the TVPA, 28 U.S.C. § 1350. He suffered “personal
injury” and “death” resulting from Defendants’ actions, terrorist acts and activities as
defined in 28 U.S.C. § 1605(a)(7). Plaintiff Nancy Gage can sue and be sued in this
Court.
The Maland Family
12.

Plaintiff The Estate of Don Maland, is represented in this action by and

through Mark Maland.

Don Maland was, at the time of the acts alleged and throughout

his lifetime, an American citizen and, at the time of his death, a resident and citizen of the
State of Florida. At all pertinent times alleged herein, Don Maland was a victim of
“torture” who was murdered by an act of “extrajudicial killing” as defined in Section 3 of
the TVPA, 28 U.S.C. § 1350. He suffered “personal injury” and “death” resulting from
Defendants’ actions, terrorist acts and activities as defined in 28 U.S.C. § 1605(a)(7).
Plaintiff the Estate of Don Maland, by and through Mark Maland, can sue and be sued in
this Court.
13.

Plaintiff Mark Maland was, at the time of the acts alleged and throughout

his lifetime, an American citizen who resides in the State of North Carolina. At all
pertinent times alleged herein, Mark Maland was a victim of “torture” as defined in the
TVPA, 28 U.S.C. § 1350. He suffered “personal injury” resulting from Defendants’
actions, terrorist acts and activities as defined in 28 U.S.C. § 1605(a)(7). Plaintiff Mark

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Maland is and was at all times relevant hereto the brother of Don Maland. Mark Maland
is a citizen of the United States of America who resides in the State of North Carolina.
Plaintiff Mark Maland can sue and be sued in this Court.
14.

Plaintiff The Estate of Einar Maland is represented in this action by Mark

Maland. Einar Maland is and was at all relevant times hereto the father of Don Maland
and Mark Maland. Einar Maland was, at the time of the acts alleged and throughout his
lifetime, an American citizen and, at the time of his death, a resident and citizen of the
State of Florida. Plaintiff The Estate of Einar Maland, by and through Mark Maland, can
sue and be sued in this Court.
15.

Plaintiff The Estate of Grace Maland is represented in this action by Mark

Maland, Administrator of said estate. Grace Maland is and was at all relevant times
hereto the mother of Don Maland and Mark Maland. Grace Maland was, at the time of
the acts alleged and throughout her lifetime, an American citizen and, at the time of her
death, a resident and citizen of the State of North Carolina. Plaintiff The Estate of Grace
Maland, by and through its Administrator, Mark Maland, can sue and be sued in this
Court.
16.

Plaintiff Ellen Maland is and was at all times relevant hereto the sister of

Don Maland and Mark Maland. Ellen Maland is a citizen of the United States of
America who resides in the State of Virginia. Plaintiff Ellen Maland can sue and be sued
in this Court.
17.

Plaintiff Jane Maland is and was at all times relevant hereto the sister of

Don Maland and Mark Maland. Jane Maland is a citizen of the United States of America

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who resides in the State of North Carolina. Plaintiff Jane Maland can sue and be sued in
this Court.
18.

Plaintiff Tim Maland is and was at all times relevant hereto the brother of

Don Maland and Mark Maland. Tim Maland is a citizen of the United States of America
who resides in the State of Nevada. Plaintiff Tim Maland can sue and be sued in this
Court.
The Shinn Family
19.

Plaintiff The Estate of Charles Shinn, is represented in this action by

Beverly Mignerey, the Personal Representative of said estate. Charles Shinn was, at the
time of the acts alleged and throughout his lifetime, an American citizen and, at the time
of his death, a resident and citizen of the State of Colorado. Charles Shinn was, at all
pertinent times alleged herein, a victim of “torture” and “extrajudicial killing” as defined
in Section 3 of the TVPA, 28 U.S.C. § 1350. He suffered “personal injury” and “death”
resulting from Defendants’ actions, terrorist acts and activities as defined in 28 U.S.C. §
1605(a)(7). Charles Shinn was at all times relevant hereto the husband of Jeanne Shinn.
Plaintiff the Estate of Charles Shinn, by and through its Personal Representative, Beverly
Mignerey, can sue and be sued in this Court.
20.

Plaintiff The Estate of Jeanne Shinn, is represented in this action by Beverly

Mignerey as the Personal Representative of said estate. Jeanne Shinn was, at the time of
the acts alleged and throughout her lifetime, an American citizen and, at the time of her
death, a resident and citizen of the State of Colorado. Jeanne Shinn was, at all pertinent
times alleged herein, a victim of “torture” as defined in Section 3 of the TVPA, 28 U.S.C.
§ 1350. She suffered “personal injury” resulting from Defendants’ actions, terrorist acts

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and activities as defined in 28 U.S.C. § 1605(a)(7). Jeanne Shinn was at all times
relevant hereto the wife of Charles Shinn. Plaintiff the Estate of Jeanne Shinn, by and
through its Personal Representative, Beverly Mignerey, can sue and be sued in this Court.
The Sweis Family
21.

Plaintiff Jeanette Sweis is and was, at the time of the acts alleged and

throughout her lifetime, an American citizen who resides in the State of Illinois. At all
pertinent times alleged herein, Jeanette Sweis was a victim of “torture” as defined in the
TVPA, 28 U.S.C. § 1350. She suffered “personal injury” resulting from Defendants’
actions, terrorist acts and activities as defined in 28 U.S.C. § 1608(a)(7). Plaintiff
Jeanette Sweis can sue and be sued in this Court.
22.

Plaintiff The Estate of Michael Sweis, is represented in this action by

Jeanette Sweis, Executor of said Estate. Michael Sweis was, at all relevant times alleged
herein and throughout his lifetime, an American citizen and, at the time of his death, a
resident and citizen of the State of Illinois. Michael Sweis was, at all pertinent times
alleged herein, a victim of “torture” as defined in the TVPA, 28 U.S.C. § 1350. He
suffered “personal injury” resulting from Defendants’ actions, terrorist acts and activities
as defined in 28 U.S.C. § 1608(a)(7). Plaintiff The Estate of Michael Sweis, by and
through its Executor, Jeanette Sweis, can sue and be sued in this Court.
23.

Plaintiff The Estate of Aida Sweis, is represented in this action by Jeanette

Sweis, Executor of said Estate. Aida Sweis is and was at all relevant times hereto the
mother of Jeanette Sweis and the wife of Michael Sweis. Aida Sweis was, at the time of
the acts alleged and throughout her lifetime, an American citizen and, at the time of her

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death, a resident and citizen of the State of Illinois. Plaintiff The Estate of Aida Sweis,
by and through its Executor, Jeanette Sweis, can sue and be sued in this Court.
The Tommarello Family
24.

Plaintiff The Estate of Elena Tommarello is represented in this action by

Bruno Pepenella.

Elena Tommarello was, at all relevant times alleged herein, an

American citizen and, at the time of her death, a resident and citizen of the State of
Pennsylvania. Elena Tommarello was, at all pertinent times alleged herein, a victim of
“torture” and “extrajudicial killing” as defined in the TVPA, 28 U.S.C. § 1350. She
suffered “personal injury” and “death” resulting from Defendants’ actions, terrorist acts
and activities as defined in 28 U.S.C. § 1608(a)(7). Plaintiff The Estate of Elena
Tommarello, by and through Bruno Pepenella, can sue and be sued in this Court.
25.

Plaintiff Armando Pepenella is and was at all times relevant hereto the son

of Elena Tommarello. Armando Pepenella is a United States citizen who resides in the
State of Florida. Plaintiff Armando Pepenella can sue and be sued in this Court.
26.

Plaintiff Bruno Pepenella is and was at all times relevant hereto the son of

Elena Tommarello. Bruno Pepenella is a United States citizen who resides in the State of
Pennsylvania. Plaintiff Bruno Pennsylvania can sue and be sued in this Court.
Francesco Zerilli
27.

Plaintiff Francesco Zerilli is a permanent resident of the United States who

currently resides in the State of Michigan. Francesco Zerilli was, at all pertinent times
alleged herein, a victim of “torture” as defined in the TVPA, 28 U.S.C. § 1350. He was
shot during the attack, suffering “personal injury” caused by the Defendants’ actions,

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terrorist acts and activities as defined in 28 U.S.C. § 1605(a)(7). Plaintiff Francesco
Zerilli can sue and be sued in this Court.
B.

The Defendants
28.

Defendant Libya is a foreign state that has been designated a state sponsor

of terrorism pursuant to § 6(j) of the Export Administration Act of 1979, 50 U.S.C. App.
§ 2405, § 620(A) of the Foreign Assistance Act of 1961, 22 U.S.C. § 2371, and section
40 of the Arms Export Control Act, since December 29, 1979. Libya at all times
pertinent to this action, provided material support and resources to the Abu Nidal
Organization (“ANO” or “Abu Nidal Organization”), and directly participated in its
terrorist activities. The ANO, at all times pertinent to this action, has operated in, among
other places, Libya, Iraq, Lebanon, and Syria, carrying out both militant terrorist
operations and a campaign of terrorism. This terrorist campaign includes, but is not
limited to, attacks in 20 countries, which have killed or injured almost 900 persons.
Targets included persons in the United States, the United Kingdom, France, Israel, and
also moderate Palestinians, the Palestine Liberation Organization (“PLO”) and various
other people and countries. Libya, through its actions is and/or has been a sponsor of the
ANO, within the meaning of 28 U.S.C. § 1605(a)(7) and Public Law 104-208, amended
28 U.S.C. § 1605(a)(7) as a note (hereinafter “Flatow Amendment”), by providing it with
funding, direction, material support, encouragement, safe haven and training for its
terrorist activities.
29.

Defendant Syria is a foreign state that has been designated and remains

designated as a state sponsor of terrorism pursuant to section 60 of the Export
Administration Act of 1979, 50 U.S.C. App. § 2405, section 620(A) of the Foreign

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Assistance Act of 1961, 22 U.S.C. § 2371, and section 40 of the Arms Export Control
Act, since December 29, 1979. Syria, at all times pertinent to this action, provided
material support and resources to the ANO. Abu Nidal, at all times pertinent to this
action, and to the present, has operated in, among other places, Libya, Iraq, Lebanon, and
Syria, carrying out both militant terrorist operations and a campaign of terrorism. This
terrorist campaign includes, but is not limited to, attacks in 20 countries, which have
killed or injured almost 900 persons. Targets included persons in the United States, the
United Kingdom, France, Israel, as well as moderate Palestinians, the PLO and various
persons and other countries. Syria, through its actions, is and/or has been a sponsor of
ANO, within the meaning of 28 U.S.C. § 1605 (a)(7) and the Flatow Amendment, by
providing it with funding, direction, support, encouragement, safe haven and/or training
for its terrorist activities.
30.

Defendant Libyan Internal Security (“LISO”) is one of the Libyan

intelligence services through which Libya sponsored Abu Nidal, which caused the
terrorist acts described below.
31.

Defendant Libyan External Security (“LESO”) is one of the Libyan

intelligence services through which Libya sponsored Abu Nidal, which caused the
terrorist acts described below.
32.

Defendant Mu’ammar al Qadhafi is the leader of Libya and performed acts

within the scope of his office, which caused the terrorist acts described below.
33.

Defendant Major Abdallah al-Sanusi was the head of the Libyan Internal

Security Agency and performed acts within the scope of his office, which caused the
terrorist acts described below.

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34.

Defendant Ibrahaim al-Bishari was the head of the Libyan External Security

Agency and performed acts within the scope of his office, which caused the terrorist acts
described below.
35.

Defendant Syrian Air Force Intelligence is the Syrian intelligence services

through which Syria sponsored Abu Nidal, which caused the terrorist acts described
below.
36.

Defendant General Muhammed al-Khuli was the chief of the Syrian Air

Force Intelligence and performed acts within the scope of his office, which caused the
terrorist acts described below.
37.

Defendants General Muhammad al-Khuli, Mu’ammar al-Qadhafi, Major

Abdallah al-Sanusi, and Ibrahaim al-Bishari performed acts within the scope of their
offices, which caused the extrajudicial killings and personal injuries resulting from the
act of terrorism described herein. Accordingly, said Defendants are jointly and severally
liable to Plaintiffs.
38.

Defendants Libya, and Syria as well as the Syrian Air Force Intelligence, the

Libyan External Security Agency, Libyan Internal Security Agency, General Muhammad
al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim al-Bishari
are directly and/or vicariously responsible for the actions of their co-defendants because
they sponsored the Abu Nidal Organization. Accordingly, Defendants are jointly and
severally liable to Plaintiffs.

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THE ROME AIRPORT ATTACK
39.

On December 27, 1985, shortly after 9 a.m., four terrorists from the Abu

Nidal Organization, with the aid, support, encouragement and involvement of the various
named Defendants, stormed the International Flights terminal of the Leonardo Da Vinci
Airport in Rome, Italy, brandishing Kalashnikov submachine rifles and type F1 hand
grenades, which they had smuggled into the airport. As is described more particularly
below, the Defendants provided direct and indirect material support for the planning and
operation of this terrorist attack.
40.

Before commencing their attack, the terrorists divided themselves into two

pairs of attackers, so that both pairs could enter simultaneously through two different
entrances and head for their intended targets, the check-in counters for TWA and El Al
Airlines.
41.

One pair emerged from a tunnel that lead to the terminal entrance labeled

“35-36-37-38” in a burst of gunfire and exploding hand grenades, aiming for the
passengers waiting at the TWA and El Al check-in counters.
42.

The other pair entered through the terminal entrance marked “31-32-33-34”

and opened fire on passengers standing in front of a bar/restaurant near the counters.
43.

When the terrorists paused, allowing for their identification amidst the

passengers’ confusion and distress, airport security agents for El Al Airlines fired shots
aimed for the terrorists, killing three of them.
44.

Unfortunately, two other individuals were also wounded by the security

officers.

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45.

Ultimately 13 people were killed and 75 wounded in the Rome Airport

Attack, among them women, children and the elderly.
46.

A simultaneous attack was executed by ANO terrorists employing the same

strategy at the Schwechat Airport in Vienna, Austria, killing an additional three people
and wounding 30.
47.

On the same day that the Rome and Vienna airport attacks were carried out,

December 27, 1985, the ANO claimed responsibility for both massacres.
48.

The sole surviving terrorist in the Rome Airport Attack, Khaled Ibrahim

Mahmood, Khaled Ibrahim Mahmood, a/k/a Al Hasan, Mohamed Sorhan Abdallah,
Mohamed Weled Hussein Al Abdallah, Issa Suleiman Abdallah, or Ahmed Hussein Al
Ajlan (“Khaled”) was arrested and tried in Italy in connection with the massacre at
Rome’s Leonardo da Vinci Airport.
49.

On February 12, 1988, he was convicted by an Italian court of committing

an act of terrorism, in addition to other related offenses, and sentenced to 30 years
imprisonment and 1.5 million Italian lire in fines.
50.

At his trial, Khaled admitted to being a member of the Abu Nidal

Organization since the age of 11, and to participating in several ANO terrorist attacks,
including the grenade attack on Rome’s Café de Paris on September 10, 1985, during
which the terrorists used the same type F1 grenades used in the Rome Airport Attack, the
Vienna Airport Attack, and the hijacking of Egypt Air Flight 648 on November 23, 1985,
all of which were directly supported by the government of Libya, and supported by the
government of Syria.

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51.

Khaled also described in detail the planning and execution of the Rome

Airport Attack.
52.

He and the other members of his hit team were trained with the terrorists

who conducted the Vienna Airport Attack at an ANO training camp in Syrian-controlled
Lebanon.
53.

During this training, he learned of a plan to conduct terrorist attacks at

airports and tourist attractions frequented by Americans and Israelis, including an airport
in Madrid, Spain.
54.

Khaled was unavailable for the Madrid attack, but did not learn of

anticipated role in the Rome Airport Attack until he arrived in Italy.
55.

Upon conclusion of his training in Syria, Khaled met ANO leaders in charge

of foreign operations and training at an apartment in Damascus, Syria, which served as
the ANO’s departure base for foreign operations.
56.

He received airline tickets for travel to Rome as well as fake Moroccan

passports before departing the foreign operations base.
57.

Libya provided the terrorists who conducted the Rome and Vienna airport

attacks with weapons and passports.
58.

Upon arriving in Rome, Khaled met with ANO contacts Al Hamieda

Rashid, a/k/a Mohamed Fouad (“Fouad”) and Abu Mithkal (“ANO contacts”) who
provided him and his hit team members with weapons and operational instructions.
59.

Khaled and his hit team learned of the objective of their attack, and were

instructed to target as many Americans and Jews as possible, to take their passports and
to hold them hostage.

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60.

The night before the attack, December 26, 1985, Khaled and another

terrorist met Fouad and turned over their fake Moroccan passports.
61.

The three went to Leonardo da Vinci Airport at approximately 11 p.m. to do

a final check of the property, and Fouad identified the TWA and El Al counters.
62.

On the morning of December 27, 1985, Khaled met his hit team and Fouad,

each with the exception of Fouad carrying one or more suitcases holding smuggled
weapons and personal belongings.
63.

They arrived at the airport at seven minutes before 9 a.m. and commenced

the attack.
64.

The United States Department of State, Bureau of Public Affairs, Office of

the Historian, in its report of Significant Terrorist Incidents, 1961- 2003, lists the Rome
Airport Attack and the Vienna Airport Attack on December 27, 1985 as terrorist attacks
that were conducted by the Abu Nidal Organization.
65.

Background Information on Foreign Terrorist Organizations, released by the

Office of Counterterrorism, of the United States Department of State, indicates that the
ANO has received considerable support, including safe haven, training, logistical
assistance, and/or financial aid from the states of Libya and Syria, each being a
Defendant herein.
66.

The instances of physical violence and/or death inflicted upon John

Buonocore III, Salvatore Ferrigno, Frederick Gage, Don Maland, Mark Maland Charles
Shinn, Jeanne Shinn, Elena Tommarello, Jeanette Sweis, Michael Sweis and Francesco
Zerilli were undertaken intentionally upon them for the purpose of furthering the

20

objectives of the governments of Libya and Syria and the terrorist objectives of the ANO,
and such acts therefore constitute “torture” as defined in the TVPA.
DEFENDANTS’ SPONSORSHIP AND SUPPORT FOR
THE ABU NIDAL ORGANIZATION
67.

The government of Libya, and also separately the government of Syria,

sponsored and supported the Abu Nidal Organization, a/k/a Black June, Black
September, the Fatah Revolutionary Council, the Arab Revolutionary Council, the Arab
Revolutionary Brigades, and/or the Revolutionary Organization of Socialist Muslims, a
known terrorist organization which was headed by Sabri Al Bana a/k/a Abu Nidal, prior
to and at the time of the Rome and Vienna airport attacks.
68.

Despite Libya’s recent attempts to rejoin the laws of nations and forgo a

path of terrorism, this has not always been the case. Since Defendant Mu’ammar alQadhafi seized political control of Libya by military coup in 1969, Libya has balked at
international norms, abusing diplomatic privileges and using terrorism as an instrument
of its own foreign policy.
69.

Libya has used threats of terrorism, its material support and operational

assistance for terrorist attacks, and actual terrorist violence as a means of political
opposition, specifically targeting the United States and Israel.
70.

Libya supported radical terrorist groups generally by providing terrorist

training outside of Libya and by operating terrorist training camps in Tripoli in order to
train, instruct, support and educate terrorists on the use of explosive devices, hijacking,
assassination, and various commando and guerrilla techniques, in addition to abusing its
diplomatic privileges by, among other things, storing arms and explosives at its
diplomatic establishments.

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71.

Throughout the 1980s, both directly and through material support and

resources provided to terrorist organizations such as ANO, Libya engaged in a concerted
campaign of terrorist activities directed at the United States, Europe, Israel and their
allies.
72.

Libya’s involvement in terrorism was particularly robust from early 1984

through several years after the Rome and Vienna airport attacks, which were committed
on December 27, 1985.
73.

Also during 1985, Libya was directly involved and/or provided material

support for numerous terrorist attacks in addition to the Rome and Vienna airport attacks,
including but not limited to the following:
a. The ANO hijacking of Egypt Air Flight 648 on November 23, 1985,
for which Libya provided passports and moved weapons in diplomatic
pouches to the hijackers, allowing the terrorists to travel and to
preposition their weapons for use in the attack;
b. Also in November 1985, a team of four Libyan agents was arrested in
Egypt in an attempt to assassinate former Libyan Prime Minister
Bakoush, an enemy of the Qadhafi regime;
c. The September 1985 ANO terrorist attack at Rome’s Café de Paris,
during which the ANO terrorists threw grenades provided by Libya at
the restaurant, injuring 38 tourists, including American citizens;
d. Also in September 1985, a Libyan diplomat smuggled approximately
100 letter bombs addressed to Tunisian journalists into Tunisia.

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Several of the bombs exploded, injuring two postal workers and
causing Tunisia to sever diplomatic relations with Libya;
e. In the United States in May 1985, a Libyan diplomat at the United
Nations was declared persona non grata, and 16 non-official Libyans
were subpoenaed to appear before a U.S. grand jury in connection with
a plot to kill dissidents in several different states;
f. In April 1985 in the former West Germany, Libyans were arrested at
two separate murder scenes in which Libyans murdered a Moroccan
citizen resident and an anti-Qadhafi Libyan student who had been the
target of the Libyan regime for at least two years; and
g. In Austria in February 1985 the former Libyan Ambassador to Austria,
who resigned from his post under the Qadhafi regime in disgust, was
assassinated outside of his home in Vienna.
74.

The Abu Nidal Organization was, at all times relevant hereto, among the

most dangerous and violent of the terrorist organizations supported by Libya and Syria,
engaging in indiscriminate violence against bystanders, including children.
75.

As of February 1989, the ANO conducted terrorist attacks in more than 20

countries on three continents, killing more than 300 people and injuring at least 650.
76.

Libya provided substantial material support and sponsorship to the ANO,

as well as providing logistical support for the ANO’s specific terrorist operations.
77.

The substantial material support to and sponsorship of the ANO by the

government of Libya included, but was not limited to, assisting and/or providing the
following:

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a. funds,
b. facilities,
c. airline tickets,
d. free and unobstructed entry into, safe haven in, and exit from Libya by
members of ANO,
e. terrorist training in Libyan camps,
f. use of the privilege of Libya’s “diplomatic pouch”,
g. use of Libya’s diplomatic freight privileges,
h. official documents of all kinds, including passports,
i. provision of uniforms, tanks and BM021 multiple rocket launchers,
j. weapons, including hand grenades used in various ANO attacks, and
k. actual operational assistance in pre-positioning of people and supplies
for the conduct of terrorist operations.
78.

During the year 1985 alone, the leader of the ANO met with Qadhafi at

least twice, in addition to meeting separately with Qadhafi’s chief lieutenant, Abd alSalam Jallud, and conducting an interview from Tripoli.
79.

Following these meetings, ANO leadership began to relocate to Tripoli

from Syria.
80.

With specific regard to the coordinated, simultaneous Rome and Vienna

airport attacks, the government of Libya supported this operation by, among other things,
providing the ANO terrorists who conducted the attacks with weapons and passports,
which allowed the terrorists to travel.

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81.

The hand grenades used in the Rome Airport Attack and the Vienna

Airport Attack, as well as in the ANO terrorist attacks on the Café de Paris and Egypt Air
Flight 648 bear the same markings as those found on four Libyan terrorists, who were
arrested on April 18, 1986, while approaching the US officers’ club in Ankara, Turkey,
carrying the hand grenades, which they obtained from the Libyan People’s Bureau.
82.

The United States Central Intelligence Agency therefore concluded that

“[t]he similarities between the grenades seized in 1985 [in the Rome Airport Attack, the
Vienna Airport Attack, the Café de Paris attack and the Egypt Air Flight 648 hijacking]
and those captured in Turkey corroborate previous reporting that Tripoli provides
operational support for the Abu Nidal group and uses its diplomatic installations to pass
weapons to terrorists.”
83.

In the wake of the Rome and Vienna airport attacks, on January 2, 1986,

Qadhafi threatened to “pursue U.S. citizens in their country and streets” in retaliation for
any action taken by the United States in response to Libya’s involvement in these terrorist
attacks.
84.

A Libyan news agency applauded the Rome and Vienna airport attacks as

“heroic operations carried out by the sons of the martyrs of Sabra and Shatila . . . .”
85.

The sponsorship by the government of Syria included, among other things,

the provision of training in Syrian sponsored ANO terrorist training camps, military and
general intelligence, travel documents, safe haven and free passage in and through Syrian
controlled territory.

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86.

Syria further provided general material support to the ANO by providing the

ANO with funds, travel documents, training support and protection at several facilities,
including those located in the Bekaa Valley.
87.

The sole surviving hijacker of the Rome Airport Attack, Khaled Ibrahim

Mahmood, confirmed that he and the other three members of his hit team, in addition to
the terrorists who carried out the Vienna Airport Attack, were trained in Syrian-occupied
Lebanon by Syrians.
88.

Syria also permitted ANO operatives to maintain an apartment in Damascus,

where ANO terrorists would regularly stay before departing on terrorist missions.
89.

It was customary for ANO terrorists to stay in this apartment during the

organization phase of a given terrorist attack, and remain there until departing to conduct
the attack.
90.

Khaled confirmed that he stayed in this departure base prior to leaving for

Italy to commit the Rome Airport Attack.
91.

Had the attack not taken place as planned, or had Khaled escaped, he would

have called the ANO’s apartment in Damascus which served as the departure base for
foreign operations to receive further instructions.
92.

The United States Department of State, Office of the Secretary of State,

Ambassador-At-Large for Counter-Terrorism, concluded that the ANO conducted the
Rome Airport Attack and the Vienna Airport Attack, classifying these terrorist attacks as
among the most brutal examples of ANO violence.

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93.

The Defense Intelligence Agency of the United States Department of

Defense, and other intelligence agencies of the United States government, determined
that the Abu Nidal Organization was sponsored by the governments of Libya and Syria.
94.

The provision of material support for the ANO, a known terrorist

organization, by the government of Libya and the government of Syria, acting directly
and by and through their individual governmental representatives as named in the
Complaint, and by other representatives of the government, constitute violations of
applicable and numerous United States laws, thereby rendering the government of Libya,
the government of Syria, and their individual governmental representatives named as
Defendants herein, jointly and severally liable for their illegal acts and deeds, all to the
damage of the Plaintiffs, and each of them, thereby entitling each to Judgment against
each of the Defendants, jointly and severally, as prayed for in the within Complaint..
COUNT I – BATTERY
(Under State Common Law)
(John Buonocore III, Salvatore Ferrigno, Don Maland, Mark Maland, Charles
Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and
Francesco Zerilli)
95.

Plaintiffs repeat, reallege and incorporate by reference those facts and

allegations set forth in all the foregoing paragraphs as if fully set forth herein.
96.

On December 27, 1985, members of the ANO willfully, violently and

forcefully committed terrorist acts at the International Flights terminal of the Leonardo da
Vinci Airport in Rome, Italy with the express purpose of inflicting severe pain and
suffering and death. John Buonocore III, Salvatore Ferrigno, Don Maland, Mark Maland,
Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and

27

Francesco Zerilli were present at the terminal and were accordingly seized against their
will. The willful, wrongful and intentional acts of Abu Nidal were sponsored by Libya,
and Syria, as well as the Syrian Air Force Intelligence, the Libyan External Security
Agency, and Libyan Internal Security Agency constituted a battery upon the person(s) of
John Buonocore III, Salvatore Ferrigno, Don Maland, Mark Maland, Charles Shinn,
Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and Francesco Zerilli,
causing injury to them as set forth above.
97.

Defendants General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major

Abdallah al-Sanusi, and Ibrahaim al-Bishari performed acts within the scope of their
offices which sponsored the ANO ’s terrorist activities, including but, not limited to the
Rome Airport Attack.
98.

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

of the ANO members, whose acts were sponsored by Libya and Syria, as well as the
Syrian Air Force Intelligence, the Libyan External Security Agency, Libyan Internal
Security Agency, General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major
Abdallah al-Sanusi, and Ibrahaim al-Bishari, Plaintiffs John Buonocore III, Salvatore
Ferrigno, Don Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette Sweis,
Michael Sweis, Elena Tommarello and Francesco Zerilli were injured in that they
endured extreme mental anguish, physical injury and pain and suffering, all to their
damage.
WHEREFORE, Plaintiffs, and each of them, on behalf of the estate and heirs of
John Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Mark Maland, Jeanette Sweis and

28

Francesco Zerilli, demands that judgment be entered, jointly and severally, against the
Defendants for the damages they suffered, including, but not limited to, pain, suffering,
mental anguish, loss of life and/or limb, permanent and disabling disfigurement and
physical injuries as well as pecuniary losses, in the amount of FIFTY MILLION
($50,000,000.00) US Dollars for each of them, on this Count I, and their costs expended,
including attorneys fees.
COUNT II – ASSAULT
(Under State Common Law)
(John Buonocore III, Salvatore Ferrigno, Don Maland, Mark Maland, Charles
Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and
Francesco Zerilli)
99.

Plaintiffs repeat, reallege and incorporate by reference those facts and

allegations set forth in paragraphs in all the forgoing paragraphs as if fully set forth
herein.
100. During the Rome Airport Attack, the ANO terrorists intentionally and
willfully put John Buonocore III, Salvatore Ferrigno, Don Maland, Mark Maland,
Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and
Francesco Zerilli in fear for their lives and apprehension of harm and injury as a direct
result of the terrorists’ actions in brandishing and firing weapons and explosives, and the
physical and mental abuse they inflicted upon them.
101. As a direct and proximate result of the willful, wrongful and intentional acts
of the ANO members, whose acts were sponsored by Libya and Syria, as well as the
Syrian Air Force Intelligence, the Libyan External Security Agency, Libyan Internal
Security Agency, General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major

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Abdallah al-Sanusi, and Ibrahaim al-Bishari, Plaintiffs John Buonocore III, Salvatore
Ferrigno, Don Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette Sweis,
Michael Sweis, Elena Tommarello and Francesco Zerilli were injured in that they
endured extreme mental anguish, physical injury and pain and suffering, all to their
damage.
WHEREFORE, Plaintiffs, and each of them, on behalf of the estate and heirs of
John Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Mark Maland, Jeanette Sweis and
Francesco Zerilli, demand that judgment be entered, jointly and severally, against the
Defendants for the damages they suffered, including, but not limited to, pain, suffering,
mental anguish, and pecuniary losses, in the amount of ONE HUNDRED MILLION
($100,000,000.00) US Dollars for each of them, on this Count II, and their costs
expended, including attorney’s fees.
COUNT III – INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS, INCLUDING SOLATIUM
(Under the Flatow Amendment and State Common Law)
(As to All Plaintiffs)
102.

Plaintiffs repeat, reallege and incorporate by reference those facts and

allegations set forth in all of the forgoing paragraphs as if fully set forth.
103. The acts of terrorizing and holding John Buonocore III, Salvatore Ferrigno,
Frederick Gage, Don Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette
Sweis, Michael Sweis, Elena Tommarello and Francesco Zerilli captive and each and all
of the acts set forth above, constituted extreme and outrageous conduct with the intent to
inflict emotional distress upon them and emotional distress, including solatium, upon

30

members of their families. Further these acts were undertaken for the purpose of causing
mental duress and suffering, including solatium, upon the members of their families.
104. As a direct result and proximate result of the willful, wrongful and
intentional acts of the ANO, whose acts were sponsored by Libya and Syria as well as the
Syrian Air Force Intelligence, the Libyan External Security Agency, Libyan Internal
Security Agency, General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major
Abdallah al-Sanusi, and Ibrahaim al-Bishari, John Buonocore III, Salvatore Ferrigno,
Frederick Gage, Don Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette
Sweis, Michael Sweis, Elena Tommarello and Francesco Zerilli, and their families, as
above set forth, were each caused to suffer severe emotional distress.
WHEREFORE, Plaintiffs, and each of them, on behalf of the estate and heirs of
John Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Nancy Gage, Mark Maland, Jeanette
Sweis and Francesco Zerilli, demand that judgment be entered, jointly and severally,
against Defendants for the damages they suffered, including, but not limited to, pain,
suffering, mental anguish, and pecuniary losses, in the amount of ONE HUNDRED
MILLION ($100,000,000.00) US Dollars for each of them, on this Count III, and their
costs expended; as to each of their, mothers, father, sisters, brothers, daughters, spouses
and sons above named, above in the amount of TEN MILLION DOLLARS
($10,000,000.00) for each and every one of them, on this Count III, and their costs
expended, including attorney’s fees.

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COUNT IV – ACTION FOR WRONGFUL DEATH
(Under State Common Law and State Statutory Law)
(Cecil Buonocore as the Personal Representative of the Estate of John Buonocore
III, Nancy Gage, Mark Maland on behalf of the Estate of Don Maland, Beverley
Mignery, as the Personal Representative of the Estate of Charles Shinn, and Bruno
Pepenella on behalf of the Estate of Elena Tommarello)
105. Plaintiff Cecil Buonocore, as the Personal Representative of the Estate of
John Buonocore III, repeats, realleges and incorporates by reference those facts and
allegations set forth in each of the foregoing paragraphs as if fully set forth herein.
106. John Buonocore III’s death was caused by a willful and deliberate act of
extrajudicial killing as he was murdered by members of the ANO during the course of
their terrorist act of murder against him, as an American citizen, acting under the
sponsorship of defendants Libya and Syria as well as the Syrian Air Force Intelligence,
the Libyan External Security Agency, Libyan Internal Security Agency, General
Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim
al-Bishari.
107. Plaintiff Nancy Gage, in her individual capacity and in her capacity as the
person to whom the amount recovered for the wrongful death of Frederick Gage belongs,
repeats, realleges and incorporates by reference those facts and allegations set forth in
each of the foregoing paragraphs as if fully set forth herein.
108. Frederick Gage’s death was caused by a willful and deliberate act of
extrajudicial killing as he was murdered by members of the ANO during the course of
their terrorist act of murder against him, as an American citizen, acting under the
sponsorship of defendants Libya and Syria as well as the Syrian Air Force Intelligence,
the Libyan External Security Agency, Libyan Internal Security Agency, General

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Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim
al-Bishari.
109. Plaintiff Mark Maland, on behalf of the Estate of Don Maland, repeats,
realleges and incorporates by reference those facts and allegations set forth in each of the
foregoing paragraphs as if fully set forth herein.
110. Don Maland’s death was caused by a willful and deliberate act of
extrajudicial killing as he was murdered by members of the ANO during the course of
their terrorist act of murder against him, as an American citizens, acting under the
sponsorship of defendants Libya and Syria as well as the Syrian Air Force Intelligence,
the Libyan External Security Agency, Libyan Internal Security Agency, General
Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim
al-Bishari.
111. Plaintiff Beverly Mignery, as the Personal Representative of the Estate of
Charles Shinn, repeats, realleges and incorporates by reference those facts and allegations
set forth in each of the foregoing paragraphs as if fully set forth herein.
112. Charles Shinn’s death was caused by a willful and deliberate act of
extrajudicial killing, as his death resulted directly from injuries inflicted upon him by
members of the ANO during the course of their terrorist act of murder against him, as an
American citizen, acting under the sponsorship of defendants Libya and Syria as well as
the Syrian Air Force Intelligence, the Libyan External Security Agency, Libyan Internal
Security Agency, General Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major
Abdallah al-Sanusi, and Ibrahaim al-Bishari.

33

113. Plaintiff Bruno Pepenella, on behalf of the Estate of Elena Tommarello,
repeats, realleges and incorporates by reference those facts and allegations set forth in
each of the foregoing paragraphs as if fully set forth herein.
114. Elena Tommarello’s death was caused by a willful and deliberate act of
extrajudicial killing as she was murdered by members of the ANO during the course of
their terrorist act of murder against her, as an American citizen, acting under the
sponsorship of defendants Libya and Syria as well as the Syrian Air Force Intelligence,
the Libyan External Security Agency, Libyan Internal Security Agency, General
Muhammad al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim
al-Bishari.
WHEREFORE, Plaintiffs Cecil Buonocore, as the Personal Representative of
the Estate of John Buonocore III, Nancy Gage, Mark Maland, on behalf of the Estate of
Don Maland, Beverly Mignery, as the Personal Representative of the Estate of Charles
Shinn, and Bruno Pepenella, on behalf of the Estate of Elena Tommarello, demand that
judgment be entered, jointly and severally, against Defendants for the damages they
suffered, including, but not limited to, pecuniary losses, which include, but are not
limited to, the loss of future earnings, and funeral and burial expenses, in the amount of
ONE HUNDRED MILLION ($100,000,000.00) US Dollars on this Count IV, and their
costs expended, including attorney’s fees.

34

COUNT V – ACTION FOR SURVIVAL DAMAGES
(Under State Common Law and State Statutory Law)
(Cecil Buonocore as the Personal Representative of the Estate of John Buonocore
III, Nancy Gage, Mark Maland on behalf of the Estate of Don Maland, Beverley
Mignery, as the Personal Representative of the Estate of Charles Shinn, and Bruno
Pepenella, on behalf of the Estate of Elena Tommarello)
115. Plaintiff Cecil Buonocore, as the Personal Representative of the Estate of
John Buonocore III, repeats, realleges and incorporates by reference those facts and
allegations set forth in each of the foregoing paragraphs if fully set forth.
116. Before his death, John Buonocore III suffered extreme bodily pain and
mental anguish and suffering, entitling his estate to compensatory damages.
117. Plaintiff Nancy Gage repeats, realleges and incorporates by reference those
facts and allegations set forth in each of the foregoing paragraphs if fully set forth.
118. Before his death, Frederick Gage suffered extreme bodily pain and mental
anguish and suffering, entitling Nancy Gage to compensatory damages as Frederick
Gage’s sister and the person to whom recovery for his death belongs.
119. Plaintiff Mark Maland, on behalf of the Estate of Don Maland, repeats,
realleges and incorporates by reference those facts and allegations set forth in each of the
foregoing paragraphs if fully set forth.
120. Before his death, Don Maland suffered extreme bodily pain and mental
anguish and suffering, entitling his estate to compensatory damages.
121. Plaintiff Beverly Shinn, as the Personal Representative of the Estate of
Charles Shinn, repeats, realleges and incorporates by reference those facts and allegations
set forth in each of the foregoing paragraphs if fully set forth.

35

122. Before his death, Charles Shinn suffered extreme bodily pain and mental
anguish and suffering, entitling his estate to compensatory damages.
123. Plaintiff Bruno Pepenella, on behalf of the Estate of Elena Tommarello,
repeats, realleges and incorporates by reference those facts and allegations set forth in
each of the foregoing paragraphs if fully set forth.
124. Before her death, Elena Tommarello suffered extreme bodily pain and
mental anguish and suffering, entitling his estate to compensatory damages.
125. Defendants Libya and Syria as well as the Syrian Air Force Intelligence, the
Libyan External Security Agency, Libyan Internal Security Agency, General Muhammad
al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim al-Bishari
are directly and/or vicariously responsible for the actions of their co-defendants because
they acted as sponsors of the Abu Nidal Organization.
WHEREFORE, Plaintiffs Cecil Buonocore, as the Personal Representative of
the Estate of John Buonocore III, Nancy Gage, Mark Maland, on behalf of the Estate of
Don Maland, Beverly Mignery, as the Personal Representative of the Estate of Charles
Shinn, and Bruno Pepenella, on behalf of the Estate of Elena Tommarello, demand that
judgment be entered, jointly and severally, against Defendants for the damages they
suffered, including, but not limited to, pain, suffering, mental anguish, and pecuniary
losses, in the amount of ONE HUNDRED MILLION ($100,000,000.00) US Dollars on
this Count V, and their costs expended, including attorney’s fees.

36

COUNT VI – ACTION FOR CIVIL CONSPIRACY
(Under State Common Law)
(As to All Plaintiffs)
126. Plaintiffs repeat, reallege and incorporate by reference those facts and
allegations set forth in each of the foregoing paragraphs as if fully set forth.
127. Defendants Libya and Syria, as well as the Syrian Air Force Intelligence, the
Libyan External Security Agency, Libyan Internal Security Agency, General Muhammad
al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim al-Bishari
did knowingly and willfully conspire with and/or agree to sponsor a terrorist organization
within the meaning of 28 U.S.C. § 1605 (a)(7), which terrorist organization willfully and
deliberately committed an act of terrorism, which caused the injuries, and/or death of
John Buonocore III, Salvatore Ferrigno, Frederick Gage, Don Maland, Mark Maland,
Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and
Francesco Zerilli.
128. For the reasons stated above, and having conspired to sponsor the terrorist
organization which willfully and deliberately committed an act of terrorism which caused
the injuries and/or death of John Buonocore III, Salvatore Ferrigno, Frederick Gage, Don
Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis,
Elena Tommarello and Francesco Zerilli, all defendants are jointly and severally liable to
plaintiffs for all damages in this civil action.
WHEREFORE, Plaintiffs, and each of them, on behalf of the estate and heirs of
John Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Nancy Gage, Mark Maland, Jeanette

37

Sweis and Francesco Zerilli, demand that judgment be entered, jointly and severally,
against Defendants in the amount of ONE HUNDRED FIFTY MILLION
($150,000,000.00) DOLLARS for each of them, on this Count VI, and their costs
expended, including attorney’s fees.
COUNT VII – ACTION FOR AIDING AND ABETTING
(Under State Common Law and State Statutory Law)
(As to All Plaintiffs)
129. Plaintiffs repeat, reallege and incorporate by reference those facts and
allegations set forth in each of the foregoing paragraphs as if fully set forth.
130. Defendants Libya and Syria as well as the Syrian Air Force Intelligence, the
Libyan External Security Agency, Libyan Internal Security Agency, General Muhammad
al-Khuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim al-Bishari
did knowingly and willfully provide substantial assistance and sponsor a terrorist
organization within the meaning of 28 U.S.C. § 1605 (a)(7), which terrorist organization
willfully and deliberately committed an act of terrorism, which caused the injuries, and/or
death of John Buonocore III, Salvatore Ferrigno, Frederick Gage, Don Maland, Mark
Maland, Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello
and Francesco Zerilli.
131. For the reasons stated above, and having aided and abetted a terrorist
organization which willfully and deliberately committed an act of terrorism which caused
the injuries and/or death of John Buonocore III, Salvatore Ferrigno, Frederick Gage, Don
Maland, Mark Maland, Charles Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis,

38

Elena Tommarello and Francesco Zerilli, all defendants are jointly and severally liable to
plaintiffs for all damages in this civil action.
WHEREFORE, Plaintiffs, and each of them, on behalf of the estate and heirs of John
Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Nancy Gage, Mark Maland, Jeanette
Sweis and Francesco Zerilli demand that judgment be entered, jointly and severally,
against Defendants in the amount of ONE HUNDRED FIFTY MILLION
($150,000,000.00) DOLLARS for each of them, on this Count VII, and their costs
expended, including attorney’s fees.
COUNT VIII – PUNITIVE DAMAGES
(Under the Flatow Amendment and State Common Law)
(As to All Plaintiffs)
132. Plaintiffs repeat, reallege and incorporate by reference those facts and
allegations set forth in each of the foregoing paragraphs as if fully set forth.
133. The actions of the ANO, as above set forth, were intentional and malicious
and in willful, wanton and reckless disregard of the rights and well being of John
Buonocore III, Salvatore Ferrigno, Frederick Gage, Don Maland, Mark Maland, Charles
Shinn, Jeanne Shinn, Jeanette Sweis, Michael Sweis, Elena Tommarello and Francesco
Zerilli. All of the acts of the ANO were facilitated by funding, training, support and
sponsorship by Libya and Syria, as well as the Syrian Air Force Intelligence, the Libyan
External Security Agency, Libyan Internal Security Agency, General Muhammad alKhuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, and Ibrahaim al-Bishari..

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134. In providing such sponsorship General Muhammad al-Khuli, Mu’ammar alQadhdhafi, Major Abdallah al-Sanusi, Ibrahaim al-Bishari rendered material support to
those actually carrying out the acts above described. The Plaintiffs are entitled to an
award of punitive damages and same is hereby requested against the defendants, jointly
and severally, in accordance with the provisions of Flatow Amendment making an
official, employee, or agent of a nation which has been designated as a “state sponsor of
terrorism under § 6(j) of the Export Administration Act of 1979”, liable for punitive
damages under the factual circumstances as occurred during the course of committing
these heinous and horrible acts of terrorism.
135. As required by the Flatow Amendment, General Muhammad al-Khuli,
Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, Ibrahaim al-Bishari were acting
within the scope of their duties when they supplied, facilitated or authorized the provision
of material support to the ANO and the execution of the Rome Airport Attack.
WHEREFORE, Plaintiffs, and each of them, on behalf of estate and heirs of
John Buonocore III, Don Maland, Charles Shinn, Jeanne Shinn, Michael Sweis and Elena
Tommarello, and on behalf of Salvatore Ferrigno, Nancy Gage, Mark Maland, Jeanette
Sweis and Francesco Zerilli, demand that judgment be entered, jointly and severally,
against Defendants in the amount of ONE BILLION US DOLLARS
($1,000,000,000.00) for each of them, on this Count VIII, and their costs expended,
including attorney’s fees.
The award of punitive damages, as requested, is to punish General Muhammad alKhuli, Mu’ammar al-Qadhdhafi, Major Abdallah al-Sanusi, Ibrahaim al-Bishari for their
conduct in supporting terrorism and the terrorist murderous acts described herein, and to

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Of Counsel for Plaintiffs:
F. R. Jenkins (Virginia Bar No. 36302)
MERIDIAN 361 INTERNATIONAL
LAW GROUP, PLLC
3 Field Court
Ground Floor West
Gray’s Inn
London WC1R 5EF
United Kingdom
Telephone: [phone]
Telefax: 001 44 20 7841 5741

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