Blaxland
Blaxland v. Commonwealth Director of Public Prosecutions
Opinion
Lead Opinion
Berzon, J.
Christopher Blaxland 1 brought a tort action in the Superior Court of California against, inter alia, two separate instru-mentalities and two individual employees of the Australian government. Australia removed the case to federal district court and moved to dismiss on the ground of sovereign immunity, under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330 , 1602 et seq. The district *1201 court denied Australia’s motion and Australia appeals. Blaxland cross-appeals the district court’s grant of sovereign immunity to the individual defendants. We conclude, contrary to the district court, that Australia is entitled to immunity under the FSIA for the alleged torts. We also affirm the district court’s grant of sovereign immunity to individual defendants Shaw and Barry.
FACTS
On reviewing a motion to dismiss, we accept the allegations of the complaint as true. Manistee Town Ctr. v. City of Glendale, 227 F.3d 1090 , 1091 (9th Cir.2000). The facts that follow are therefore solely those alleged in the complaint, which we assume to be true for purposes of this opinion.
Plaintiff-Appellee Christopher Blaxland is a legal resident of the United States, domiciled…