UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK
DENICE H. REIN, Individually and as Executrix of the Estate of MARK ALAN REIN, deceased,
et al.
Plaintiffs,
v.
THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, THE LIBYAN EXTERNAL SECURITY ORGANIZATION, a/k/a JAMAHIRIYA SECURITY ORGANIZATION, a/k/a JSO, LIBYAN ARAB AIRLINES, LAMEN KHALIFA FHIMA, a/k/a A AL AMIN KHALIFA FHIMA, a/k/a MR. LAMIN, and ABDEL BASSET ALI AL-MEGRAHI, a/k/a ABDEL BASET ALI MOHMED, a/k/a ABDEL BASET ALI MOHMED AL MEGRAHI, a/k/a MR. BASET,
Defendants.
Plaintiffs, by their attorneys Kreindler & Kreindler, as and for their Complaint, hereby allege:
1. Plaintiffs are Survivors as well as Executors, Administrators or Personal Representatives of the Estates of persons who were killed while passengers on Pan American World Airways Flight 103 on December 21, 1988 (hereinafter "Flight 103").
2. Defendant The Socialist People's Libyan Arab Jamahiriya (hereinafter "Libya") is a foreign state and government with jurisdiction over lands located on the Mediterranean coast of North Africa.
3. The Libyan External Security Organization, a/k/a Jamahiriya Security Organization (hereinafter "JSO") is an intelligence and operational entity which operates separately from, but is an agency, instrumentality and/or organ of the Libyan government.
4. Defendant Libyan Arab Airlines (hereinafter "LAA") is an air carrier which is a separate corporate entity that operates as an agency, instrumentality and/or organ of the Libyan government, and which is majority-owned by the Libyan government.
5. Defendants LAMEN KHALIFA FHIMA, a/k/a A AL AMIN KHALIFA FHIMA, a/k/a MR. LAMIN, (hereafter referred to as "Fhima"), and ABDEL BASSET ALI AL-MEGRAHI, a/k/a ABDEL BASET ALI MOHMED, a/k/a ABDEL BASET ALI MOHMED AL MEGRAHI, a/k/a MR. BASET, (hereafter referred to as "Megrahi"), are natural persons, subjects and citizens of the defendant Libya and agents and employees of the defendants Libya and JSO who, while acting in the scope of their agencies and employments, took conscious and affirmative steps to and did in fact place an explosive device on Flight 103.
JURISDICTION AND VENUE
6. Subject matter jurisdiction exists under 28 U.S.C. Section 1330 and 28 U.S.C. Section 1331 in that plaintiffs' claims are brought pursuant to the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1602 et seq., and pursuant to the Alien Tort Act, 28 U.S.C. Section 1350.
7. Venue in this action properly lies in this District Court pursuant to 28 U.S.C. Section 1391 (f) and pursuant to order of the Judicial Panel on Multidistrict Litigation dated April 4, 1989, Docket No. MDL 799, captioned In re Air Disaster at Lockerbie, Scotland on December 21, 1988.
AS AND FOR A FIRST CAUSE OF ACTION FOR WRONGFUL DEATH
8. On December 21, 1988, decedents were passengers on board Flight 103, which departed from Heathrow Airport, London, England and was scheduled to arrive at John F. Kennedy International Airport in New York, New York.
9. At or about 1903 hours Greenwich Mean Time, an explosion occurred in the forward baggage compartment of Flight 103, causing the aircraft to disintegrate in mid-air and crash to the ground in and around Lockerbie, Scotland.
10. All two hundred forty-three passengers and sixteen crew members, including among them the decedents of all plaintiffs herein, perished as a result of the explosion and consequent crash.
11. The destruction of Flight 103 and deaths of plaintiffs' decedents were caused by a wilful and deliberate act of extrajudicial killing and aircraft sabotage, in that the explosion on the aircraft was caused by the detonation of a bomb that was deliberately placed upon the aircraft by the defendants and others acting at their behest (hereafter referred to as "terrorists").
12. Defendants Fhima and Megrahi were among the group of terrorists personally responsible for the destruction of Flight 103 and the deaths of its passengers and crew.
13. Defendant Libya provided material support and resources to the terrorists, in that Libyan government agents and officials, acting in the scope of their offices, provided the terrorists with money, labor, intelligence information, equipment, and supplies, including electronic timing devices, electronic blasting caps and detonators, and explosives.
14. In addition, defendant Libya is vicariously responsible for any liability of co-defendants because defendant Libya controlled and acted in concert with the co-defendants in accomplishing the destruction of Flight 103.
15. Defendant JSO and its agents and employees were among the terrorists directly responsible for the bombing of Flight 103, and JSO cooperated with and assisted the terrorists, and/or provided material support and resources to them, in that it provided them with money, labor, intelligence information, equipment and supplies.
16. Libya's national and state-owned airline, defendant LAA, also provided material support and resources to the terrorists responsible for the bombing of Flight 103, in that its agents and officials, acting in the scope of their offices and agency, furnished the terrorists with transportation of their persons and of materials, and furnished storage facilities, baggage documents, access to airport facilities including baggage handling systems, and other assistance, with the knowledge that such would materially assist them in carrying out the Flight 103 bombing.
17. Defendants' conduct constituted a common law assault and battery under governing law, and defendants would be liable for the injuries suffered by each of the decedents, had decedents not died.
18. Defendants are liable to the decedents' estates and survivors for compensatory and punitive damages.
19. The Foreign Sovereign Immunities Act, at 28 U.S.C. Section 1605(a)(7), creates or provides for a cause of action in favor of all of the plaintiffs in this action who are United States nationals, against the defendants for their acts of torture, extrajudicial killing, aircraft sabotage and provision of material support and resources therefor.
20. Defendants' conduct also constitutes a violation of international law.
21. The Alien Tort Act, 28 U.S.C. Section 1350, creates a cause of action in favor of plaintiffs in this action who are not nationals of the United States, and against the defendants for their violation of international law in torturing and killing the passengers and crew of Flight 103. (Said plaintiffs are indicated by an asterisk in the caption of this complaint).
22. The Torture Victim Protection Act, 28 U.S.C. Section 1350, note, creates a cause of action for all plaintiffs in this action against the defendants, for the torture and extrajudicial killing of the decedents.
23. The plaintiffs and the estates of each decedent are entitled to recover wrongful death damages, including pecuniary losses, and damages for loss of support, consortium, society, companionship, prospective inheritance, care, love, guidance, training, education, and services, and damages for grief and mental anguish, moral damages, burial expenses and other damages.
24. By reason of the foregoing, defendants are liable to each plaintiff and each decedent's estate in the sum of TWENTY MILLION ($20,000,000) DOLLARS.
AS AND FOR A SECOND CAUSE OF ACTION FOR SURVIVAL DAMAGES
25. Plaintiffs repeat the allegations of paragraphs 1-22 as if fully set forth at length.
26. Before their deaths, decedents suffered conscious pain and suffering and fear of their impending deaths, entitling them Lo compensatory damages under governing law.
27. By reason of the foregoing, defendants are liable to each of the decedent's estates in the sum of ONE MILLION ($1,000,000) DOLLARS.
AS AND FOR A THIRD CAUSE OF ACTION FOR PUNITIVE DAMAGES
28. Plaintiffs repeal the allegations of paragraphs 1-22 as if fully set forth at length.
29. For the reasons stated above, and pursuant to 28 U.S.C. Section 1606, defendants JSO, LAA, Fhima and Megrahi each are liable to the plaintiffs for punitive damages in the amount of TWO BILLION ($ 2,000,000,000) DOLLARS.
WHEREFORE, each plaintiff and estate demands judgment on the First Cause of Action against defendants in the sum of TWENTY MILLION ($20,000,000) DOLLARS, and each estate demands judgment on the Second Cause of Action against defendants in the sum of ONE MILLION ($1,000,000) DOLLARS, and all plaintiffs demand judgment on the Third Cause of Action in the total sum of TWO BILLION ($2,000,000,000) DOLLARS against each defendant, plus interest, costs, and any further relief that this Court may find just and proper.
Respectfully submitted,
KREINDLER & KREINDLER
By:
Lee S. Kreindler (LK 4362),Attorney of Record
Steven R. PounianJames P. Kreindler100 Park AvenueNew York, New York 10017(212) 687-8181
