Akin Gump Secures Precedent-Setting Sovereign Immunity Case Win for Torture Victim

March 12, 2019

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Jacinta O'Shea-Ramdeholl

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Scott Wasserman

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(Washington, D.C.) – Akin Gump today achieved a precedent-setting victory in the U.S. Court of Appeals on behalf of a U.S. citizen who was held as a political prisoner and subjected to torture in the Democratic Republic of Congo.

Daryl Lewis, who had served as a security guard for former Congolese governor Moise Katumbi, was arrested on political grounds and held for six weeks in a Congolese prison, where he was subjected to various forms of torture. On behalf of Mr. Lewis, a team from Akin Gump brought an action in the District Court of the District of Columbia against the Congolese ministers who had authorized his imprisonment and harsh treatment, accusing them of the torture of a U.S. citizen under U.S. law.

The Court found that the Congolese ministers were protected by sovereign immunity, and the Akin Gump team appealed to the D.C. Court of Appeals. In a precedent-setting decision on sovereign immunity cases, the Appeals Court today reversed the District Court’s opinion, finding that the Torture Victims Protection Act displaces any claims of sovereign immunity, and sent the case back for further proceedings. 

The Akin Gump team representing Mr. Lewis included public law and policy (PLP) partner Donald Pongrace and senior counsel Merrill Godfrey, who argued the case, Supreme Court and appellate practice co-head Pratik Shah and partner Julius Chen, and PLP associate Brette Peña.

To read a copy of the Appeals Court decision in the case, please click here.

Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

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