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Torts — TVPA

By: WISCONSIN LAW JOURNAL STAFF//April 18, 2012//

Torts — TVPA

By: WISCONSIN LAW JOURNAL STAFF//April 18, 2012//

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U.S. Supreme Court

Civil

Torts — TVPA

Under the Torture Victim Protection Act of 1991 (TVPA), the term “individual” encompasses only natural persons, and does not impose liability against organizations.

Before a word will be assumed to have a meaning broader than or different from its ordinary meaning, Congress must give some indication that it intended such a result. There are no such indications in the TVPA. To the contrary, the statutory context confirms that Congress in the Act created a cause of action against natural persons alone. The Act’s liability provision uses the word “individual” five times in the same sentence: once to refer to the perpetrator and four times to refer to the victim. See TVPA §2(a). Since only a natural person can be a victim of torture or extrajudicial killing, it is difficult to conclude that Congress used “individual” four times in the same sentence to refer to a natural person and once to refer to a natural person and any nonsovereign organization. In addition, the TVPA holds perpetrators liable for extrajudicial killing to “any person who may be a claimant in an action for wrongful death.” See TVPA §2(a)(2). “Persons” often has a broader meaning in the law than “individual,” and frequently includes non-natural persons. Construing “individual” in the Act to encompass solely natural persons credits Congress’ use of disparate terms.

634 F. 3d 604, affirmed.

11-88 Mohamad v. Palestinian Authority

Sotomayor, J.; Breyer, J., concurring.

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