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Keywords

tortplaintifflitigationappealinterrogation
plaintiffdefendantmotioninterrogation

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Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070, 10 Cal. Daily Op. Serv. 11,814, 2010 Daily Journal D.A.R. 14,238

Facts

The plaintiffs, foreign nationals, alleged that they were subjected to torture and forced disappearance as part of the CIA's extraordinary rendition program, which involved their secret transfer to foreign countries for interrogation. They claimed that Jeppesen Dataplan, Inc. provided logistical support for the flights that transported them, knowing that they would be subjected to torture. Each plaintiff detailed their harrowing experiences of detention and abuse in various countries, asserting that Jeppesen played a crucial role in facilitating these actions.

Plaintiffs allege that the Central Intelligence Agency (“CIA”), working in concert with other government agencies and officials of foreign governments, operated an extraordinary rendition program to gather intelligence by apprehending foreign nationals suspected of involvement in terrorist activities and transferring them in secret to foreign countries for detention and interrogation by United States or foreign officials.

Issue

Whether the plaintiffs' claims against Jeppesen Dataplan, Inc. could proceed in light of the government's assertion of the state secrets privilege.

Whether the plaintiffs' claims against Jeppesen Dataplan, Inc. could proceed in light of the government's assertion of the state secrets privilege.

Rule

The state secrets privilege allows the government to prevent disclosure of information that could harm national security, which can lead to the dismissal of cases where the subject matter is inherently tied to state secrets.

The state secrets privilege allows the government to prevent disclosure of information that could harm national security, which can lead to the dismissal of cases where the subject matter is inherently tied to state secrets.

Analysis

The court applied the state secrets privilege by determining that the core of the plaintiffs' allegations involved covert U.S. military or CIA operations, which are classified as state secrets. The court emphasized that even compelling necessity could not overcome the privilege if the court was satisfied that state secrets were at stake. The court found that the sensitive nature of the allegations warranted dismissal to protect national security.

The court applied the state secrets privilege by determining that the core of the plaintiffs' allegations involved covert U.S. military or CIA operations, which are classified as state secrets.

Conclusion

The Court of Appeals affirmed the district court's dismissal of the plaintiffs' action, concluding that the case could not proceed without risking the disclosure of state secrets.

Accordingly, we affirm the judgment of the district court.

Who won?

Jeppesen Dataplan, Inc. prevailed in the case because the court upheld the government's assertion of the state secrets privilege, which barred the litigation.

The district court granted the motions to intervene and dismiss and entered judgment in favor of Jeppesen, stating that “at the core of Plaintiffs' case against Defendant Jeppesen are ‘allegations' of covert U.S. military or CIA operations in foreign countries against foreign nationals—clearly a subject matter which is a state secret.”

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