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

Federal law — U.S. Code and appendices · legal_authorities

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

The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

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Source file: Laws/federal/codes/united-states-code/title-28/section-1350-aliens-action-for-tort--e147be74dc.md
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Source location: Title 28, Chapter 85, § 1350; chapter-085-district-courts-jurisdiction.md

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The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

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

§ 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 a

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