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