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Keywords

tortplaintiffjurisdictiondamagesmotionvisacitizenship
tortplaintiffjurisdictiondamagesmotionvisacitizenship

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Saludes v. Republica de Cuba

Facts

The plaintiff, Olivia Saludes, came to the United States in 2000 as a political refugee and applied for U.S. citizenship in 2007. Her son, Omar Rodriguez Saludes, was a Cuban journalist imprisoned in 2003 for writing about political dissidence. He was subjected to severe mistreatment, including beatings, starvation, and solitary confinement, and the Cuban government denied Olivia a visa to visit him. As a result of her son's treatment and her inability to communicate with him, Olivia suffered from insomnia, nightmares, and health issues that led to job loss.

The plaintiff, Olivia Saludes, came to the United States in 2000 as a political refugee and applied for U.S. citizenship in 2007. Her son, Omar Rodriguez Saludes, was a Cuban journalist imprisoned in 2003 for writing about political dissidence. He was subjected to severe mistreatment, including beatings, starvation, and solitary confinement, and the Cuban government denied Olivia a visa to visit him. As a result of her son's treatment and her inability to communicate with him, Olivia suffered from insomnia, nightmares, and health issues that led to job loss.

Issue

Whether the court has subject matter jurisdiction over the claims against the Republic of Cuba and whether the plaintiff is entitled to a default judgment for intentional infliction of emotional distress.

Whether the court has subject matter jurisdiction over the claims against the Republic of Cuba and whether the plaintiff is entitled to a default judgment for intentional infliction of emotional distress.

Rule

Under the Foreign Sovereign Immunities Act, a foreign state is immune from jurisdiction unless a statutory exception applies, such as when money damages are sought for personal injury caused by acts of torture by an official of the foreign state.

Under the Foreign Sovereign Immunities Act, a foreign state is immune from jurisdiction unless a statutory exception applies, such as when money damages are sought for personal injury caused by acts of torture by an official of the foreign state.

Analysis

The court found that it had jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C.S. 1605(a)(7), because Cuba was designated a state sponsor of terrorism at the time of the son's detention, and the mother was a U.S. national. The court accepted the plaintiff's uncontroverted evidence as true due to Cuba's failure to respond to the complaint, which substantiated her claim for intentional infliction of emotional distress.

The court found that it had jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C.S. 1605(a)(7), because Cuba was designated a state sponsor of terrorism at the time of the son's detention, and the mother was a U.S. national. The court accepted the plaintiff's uncontroverted evidence as true due to Cuba's failure to respond to the complaint, which substantiated her claim for intentional infliction of emotional distress.

Conclusion

The court granted the mother's motion for a default judgment in part, finding merit in her claim for IIED under Florida law but reserving its decision on the amount of damages to be awarded until after the mother submitted supporting evidence.

The court granted the mother's motion for a default judgment in part, finding merit in her claim for IIED under Florida law but reserving its decision on the amount of damages to be awarded until after the mother submitted supporting evidence.

Who won?

Olivia Saludes prevailed in the case because the court found sufficient evidence to support her claim for intentional infliction of emotional distress against the Republic of Cuba and its communist party.

Olivia Saludes prevailed in the case because the court found sufficient evidence to support her claim for intentional infliction of emotional distress against the Republic of Cuba and its communist party.

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