Saltany v. Reagan

886 F.2d 438 (D.C. Cir. 1989)

Facts:

• 55 Libyan citizens and residents sue the US, President Reagan, other officials, the UK and Prime Minister Thatcher for damages, injuries, and death sustained in the 1986 US strike on Libya.
• The UK and PM are included because they allowed the US to use British air bases.

Procedural History:

• District court dismissed claims as to all defendants
• US and UK move for sanctions pursuant to violations of Rule 11. The district court held the plaintiffs had no knowledge of US laws, and therefore not liable for violating Rule 11, but that even though the plaintiff’s counsel knew they could have no hope for success, but decided not to sanction them.

Affirmed, plaintiff’s case dismissed. Defendant’s motion for costs and attorney’s fees granted from plaintiff’s counsel.

Issue:

Whether a district court has discretion to impose sanctions once it has found a violation of Rule 11 (1983 version).

Holding:

A district court does not have discretion to impose sanctions once it has found a violation of Rule 11 (1983 version) and MUST impose a sanction.

Rule:

The court must impose a sanction once it has found that Rule 11 (1983) has been violated.

Rule(s) of Law:

Rule 11

FSIA

Reasoning:

* The court is not a forum for social and political protests.

* Plaintiff violated Rule 11 because “ a foreign state’s use of military allegedly in violation of international law fell outside any of the exceptions to sovereign immunity provided by the FSIA”

Court’s Order:

Affirmed, plaintiff’s case dismissed. Defendant’s motion for costs and attorney’s fees granted from plaintiff’s counsel.