Abusharar

Abusharar v. Hagel

Good Law
77 F. Supp. 3d 1005·2014 WL 7499394·2014 U.S. Dist. LEXIS 179435
United States District Court, Central District of CaliforniaDecember 15, 2014Case No. SACV 14-1234 AG (ANx)California743 words

Opinion

Lead Opinion

Guilford, J.

Proceedings: [IN CHAMBERS] ORDER GRANTING MOTION TO DISMISS

Lisa Bredahl, Deputy Clerk.

This case essentially asks this Court to determine American foreign policy. The Court cannot do so. Plaintiff Akram Abu-sharar (“Plaintiff’) filed this case against United States Secretary of State John Kerry and Secretary of Defense Chuck Hagel (together, “Defendants”), seeking to enjoin them, in their official capacities, from providing military support to Israel. (Complaint, Dkt. No. 1.) Defendants filed a Motion to Dismiss arguing that (1) Plaintiff lacks standing to bring this suit, (2) there is no private right of action under the Leahy Amendment, and (8) the claim is a nonjusticiable political question. (“Motion,” Dkt. No. 7.) The Court agrees on all three points. The Motion is GRANTED.

BACKGROUND

Plaintiff is a Palestinian-American lawyer who lives in Anaheim, California. (Compl. ¶ 3.) Plaintiff alleges that he owns a home in the Gaza Strip that was recently destroyed in a bombing by the Israeli military. (Id. ¶¶ 6-7.) He further alleges that the United States government provided the weapons used in the bombing. (Id. ¶ 7.) Finally, he alleges that his brother was killed in 1988 by…

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