Filartiga v. Peña-Irala
United States Court of Appeals for the Second Circuit
630 F.2d 876 (1980)
Joel and Dolly Filartiga (plaintiffs), Paraguayan nationals, sued Americo Peña-Irala (defendant), Paraguay's Inspector General of Police, in U.S. federal court, alleging he kidnapped and tortured their son to death in retaliation for Joel's political opposition to the Paraguayan government. Although the underlying conduct occurred entirely in Paraguay, Peña-Irala was served with process while present in the United States. He moved to dismiss for lack of subject-matter jurisdiction, and the district court agreed; the Filartigas appealed.
Whether the law of nations, and therefore federal jurisdiction under the Alien Tort Statute, is determined by examining the practice of nations, judicial decisions, and the writings of jurists.