District Court Has Jurisdiction Under ATS Over Claims Against U.S. Citizen Accused of Conspiring to Persecute Homosexuals in Uganda

The World in U.S. Courts: Fall 2013 - Alien Tort Statute (ATS)

Sexual Minorities Uganda v. Lively, 2013 U.S. Dist LEXIS 114754 (D. Mass Aug. 14, 2013)

The district court for the District of Massachusetts denied a motion to dismiss claims for human rights violations under the Alien Tort Statute, holding that the court had subject matter jurisdiction to hear the claims. Plaintiff is an organization consisting of lesbian, gay, bisexual, transgender, and intersex individuals in Uganda. Defendant is a U.S. citizen residing in Massachusetts who allegedly conspired with individuals in Uganda to persecute members of the plaintiff organization. The court held that Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), did not bar jurisdiction over the claims because he resided in and operated from his home in Massachusetts for the duration of the alleged conspiracy.

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