John D. McKeel Jr. v. The Islamic Republic of Iran and the United States of America

On November 4, 1979, Iranian militants seized the diplomatic and military personnel attached to the United States Embassy in Tehran. The Americans were held hostage in violation of international law for over fourteen months. See Case Concerning United States Diplomatic and Consular Staff in Tehran (U.S. v. Iran), 1980 I.C.J. 3; see also Dames & Moore v. Regan, 453 U.S. 654, 662-66 , 101 S.Ct. 2972, 2977-79 , 69 L.Ed.2d 918 (1981) (discussing agreement between United States and Iran that led to release of the hostages).

This action was brought by twelve former hostages and by wives of two ex-hostages. Plaintiffs seek rédress in tort against Iran for damages suffered during and as a result of their Iranian captivity, as well as declaratory relief against the United States. Plaintiffs base their allegation of subject matter jurisdiction over Iran on 28 U.S.C. §§ 1331 and 1332, and on the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1330 (a), and over the United States on 28 U.S.C. §§ 1331 and 1361.

The claims of thirteen of the plaintiffs were consolidated before Judge Gray of the District Court for the Central District of California, and Judge Hall of that district heard…