In 1985, DEA agent Enrique Camarena-Salazar was captured on assignment in Mexico, taken to a house in Guadalajara, tortured over the course of a two-day interrogation, and murdered. Based in part on eyewitness testimony, DEA officials in the United States came to believe that respondent Humberto Alvarez-Machain, a Mexican physician, was present at the house and acted to prolong the agent's life, thereby extending the interrogation and torture.
In 1990, a federal grand jury in the Central District of California indicted Alvarez for the torture and murder of Camarena-Salazar, and the district court issued a warrant for his arrest. The DEA asked the Mexican government for help in getting Alvarez into the United States, but when requests and negotiations proved fruitless, the DEA approved a plan to hire Mexican nationals to seize Alvarez and bring him to the United States for trial. Petitioner Jose Francisco Sosa participated in the group that abducted Alvarez from his house, held him overnight in a motel, and brought him by private plane to El Paso, Texas, where he was arrested by federal officers.
Once in American custody, Alvarez moved to dismiss the indictment on the ground that his seizure was outrageous governmental conduct and violated the extradition treaty between the United States and Mexico. The district court agreed, the Ninth Circuit affirmed, and the Supreme Court reversed, holding that the fact of Alvarez's forcible seizure did not affect the jurisdiction of a federal court. The case was tried in 1992 and ended at the close of the government's case when the district court granted Alvarez's motion for a judgment of acquittal.
In 1993, after returning to Mexico, Alvarez began the civil action at issue here. He sued Sosa, Mexican citizen and DEA operative Antonio Garate-Bustamante, five unnamed Mexican civilians, the United States, and four DEA agents. Alvarez sought damages from the United States under the FTCA alleging false arrest and from Sosa under the ATS for a violation of the law of nations. The district court granted the government's motion to dismiss the FTCA claim but awarded summary judgment and $25,000 in damages to Alvarez on the ATS claim.
A three-judge panel of the Ninth Circuit affirmed the ATS judgment but reversed the dismissal of the FTCA claim. A divided en banc court reached the same conclusion. The Supreme Court granted certiorari in the companion cases to clarify the scope of both the FTCA and the ATS.
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