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realclearworld

U.S. government claims immunity against Alan Gross family lawsuit

Via Along the Malecon:

U.S. claims immunity in Alan Gross lawsuit

The U.S. government today declared itself immune from the $60 million lawsuit filed in November by American development worker Alan Gross and his wife Judy in connection with his 2009 jailing in Cuba.
Assistant U.S. Attorney Michelle Lo wrote (download 17-page motion to dismiss):

Since Mr. Gross’s detention, the United States has been and remains steadfastly committed to securing his immediate release from his imprisonment by the Cuban authorities.
The United States Government sympathizes deeply with the Plaintiffs, Alan and Judith Gross, for their ordeal at the hands of the Cuban government. It continues to use every appropriate diplomatic channel to press for Cuba to release Mr. Gross unconditionally and allow him to return home to his family.
Nevertheless, this Court lacks subject matter jurisdiction to hear the claims brought against the United States by Plaintiffs arising from Mr. Gross’s detention in Cuba.

To be sure, suing the federal government - and winning - is an uphill fight. Sovereign immunity protects the government from most lawsuits. But the U.S. government waives immunity in cases covered by the 1946 Federal Tort Claims Act, or FTCA.

Continue reading HERE.

4 comments to U.S. government claims immunity against Alan Gross family lawsuit

  • asombra

    Obama, of course, has nothing to do with this.

  • antonio2009

    Let's not forget that Alan "Woe-Is-Me" Gross was only motivated by the fat paycheck he got from the U.S. government and before his conviction by a Cuban kangaroo court, he denounced the U.S. Government ho[ing for a lighter sentence. The Cuban Jewish community he went to assist denounced him in court and pro-Castro Cuban Jews like Marx Lesnick and Bernardo Benes Baikowitz have ignored him. This wimp need to man up and emulate Cuban political prisoners.

  • asombra

    Gross is not Cuban, plus he's a liberal, so nobody expects him to sacrifice himself on Cuba's behalf. That's not the point. The point is neither he nor his family, apparently, has understood that the only way out of this is for Obama to make it too costly for Cuba to keep him hostage, and Obama CAN do that. They should never have expected to "work out" anything with the Castro people. This is simply a failure to see the obvious and act accordingly.

  • asombra

    "The Cuban Jewish community [Gross] went to assist denounced him in court." Yes, but that lovely Official Cuban Jewish Leader, Adela Dworin, visits him in prison, and somehow manages to make a photo-op out of it. And she's so fashionable, too. Such a tool, I mean doll.