28 U.S.C. § 1350 — Alien’s action for tort

Page 377 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1350 tenant in common or joint tenant for the parti- tion of lands where the United States is one of the tenants in common or joint tenants. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, ch. 231, § 24, par. 25, 36 Stat. 1094). The venue provision in section 41(25) of title 28, U.S.C., 1940 ed., is incorporated in section 1399 of this title. Words ‘‘civil action’’ were substituted for ‘‘suits in equity,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. A change was made in phraseology. § 1348. Banking association as party The district courts shall have original juris- diction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking associa- tion, any civil action to wind up the affairs of any such association, and any action by a bank- ing association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as pro- vided by such chapter. All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(16) (Mar. 3, 1911, ch. 231, § 24, par. 16, 36 Stat. 1092). Words ‘‘any civil action’’ were substituted for ‘‘all cases,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘real, personal, or mixed, and all suits in eq- uity,’’ after ‘‘all other actions by or against them,’’ were omitted as superfluous. Executive Documents EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of offi- cers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. § 1349. Corporation organized under federal law as party The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, ch. 229, § 12, 43 Stat. 941). Words ‘‘civil action’’ were substituted for ‘‘action or suit,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Minor changes were made in phraseology. § 1350. Alien’s action for tort The district courts shall have original juris- diction of any civil action by an alien for a tort only, committed in violation of the law of na- tions or a treaty of the United States. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(17) (Mar. 3, 1911, ch. 231, § 24, par. 17, 36 Stat. 1093). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes in phraseology were made. Statutory Notes and Related Subsidiaries TORTURE VICTIM PROTECTION Pub. L. 102–256, Mar. 12, 1992, 106 Stat. 73, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Torture Victim Pro- tection Act of 1991’. ‘‘SEC. 2. ESTABLISHMENT OF CIVIL ACTION. ‘‘(a) LIABILITY.—An individual who, under actual or apparent authority, or color of law, of any foreign na- tion— ‘‘(1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or ‘‘(2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individual’s legal representative, or to any person who may be a claimant in an action for wrongful death. ‘‘(b) EXHAUSTION OF REMEDIES.—A court shall decline to hear a claim under this section if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim oc- curred. ‘‘(c) STATUTE OF LIMITATIONS.—No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose. ‘‘SEC. 3. DEFINITIONS. ‘‘(a) EXTRAJUDICIAL KILLING.—For the purposes of this Act, the term ‘extrajudicial killing’ means a delib- erated killing not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as in- dispensable by civilized peoples. Such term, however, does not include any such killing that, under inter- national law, is lawfully carried out under the author- ity of a foreign nation. ‘‘(b) TORTURE.—For the purposes of this Act— ‘‘(1) the term ‘torture’ means any act, directed against an individual in the offender’s custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or in- herent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confes- sion, punishing that individual for an act that indi- vidual or a third person has committed or is sus- pected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and ‘‘(2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— ‘‘(A) the intentional infliction or threatened in- fliction of severe physical pain or suffering; ‘‘(B) the administration or application, or threat- ened administration or application, of mind alter- ing substances or other procedures calculated to disrupt profoundly the senses or the personality; Page 378 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1351 ‘‘(C) the threat of imminent death; or ‘‘(D) the threat that another individual will im- minently be subjected to death, severe physical pain or suffering, or the administration or applica- tion of mind altering substances or other proce- dures calculated to disrupt profoundly the senses or personality.’’ § 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant The district courts shall have original juris- diction, exclusive of the courts of the States, of all civil actions and proceedings against— (1) consuls or vice consuls of foreign states; or (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act). (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ and ‘‘all suits and proceedings’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, For- eign Relations and Intercourse. AMENDMENTS 1978—Pub. L. 95–393 substituted ‘‘Consuls, vice con- suls, and members of a diplomatic mission as defend- ant’’ for ‘‘Consuls and vice consuls as defendants’’ in section catchline, designated existing provisions as in- troductory provision preceding par. (1), and in such in- troductory provision as so designated, substituted ‘‘civil actions and proceedings against—’’ for ‘‘actions and proceedings against consuls or vice consuls of for- eign states’’, and added pars. (1) and (2). 1949—Act May 24, 1949, substituted ‘‘of all actions and proceedings’’ for ‘‘of any civil action’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–393 effective at end of nine- ty-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse. § 1352. Bonds executed under federal law The district courts shall have original juris- diction, concurrent with State courts, of any ac- tion on a bond executed under any law of the United States, except matters within the juris- diction of the Court of International Trade under section 1582 of this title. (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, title V, § 506, Oct. 10, 1980, 94 Stat. 1743.) HISTORICAL AND REVISION NOTES This section is necessary to permit actions in the dis- trict courts upon any bond authorized by a law of the United States. In the absence of this new provision, such actions could not be maintained except by the United States, where the amount and other jurisdic- tional requisites did not exist. The new section also makes clear that it does not affect the right to pros- ecute such actions in State courts. Editorial Notes AMENDMENTS 1980—Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. 96–417, set out as a note under section 251 of this title. § 1353. Indian allotments The district courts shall have original juris- diction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty. The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before Decem- ber 21, 1911, by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(24) (Mar. 3, 1911, ch. 231, § 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat. 46). Words ‘‘any civil action’’ were substituted for ‘‘all ac- tions, suits, or proceedings,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. The sentence ‘‘The right of appeal shall be allowed to either party as in other cases’’ was omitted as covered by section 1291 of this title, relating to appeals to the court of appeals. Changes in phraseology were made. § 1354. Land grants from different states The district courts shall have original juris- diction of actions between citizens of the same state claiming lands under grants from different states. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1359 of this title. Changes were made in phraseology. § 1355. Fine, penalty or forfeiture (a) The district courts shall have original ju- risdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or