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In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005)
10 A.L.R. Fed. 2d 789
actionable under the FSIA. Varig Airlines, 467 U.S. at
814, 104 S.Ct. 2755.
Similarly, the claims against Prince Naif stem from his
discretionary functions. The Plaintiffs complain that
Prince Naif, as Minister of Interior, ignored warnings in
1994 from French Interior Minister Charles Pasqua that
Islamic charities were being used to fund terrorism.
Additionally, Plaintiffs contend that he did not adequately
supervise certain Saudi charities whose diverted funds
allegedly landed in the coffers of al Qaeda and Hamas.
Prince Naif’s role on the Council of Ministers and as
Minister of Interior makes it “nearly self-evident” that his
official acts are “squarely covered by the ‘discretionary
function’ language of [the FSIA].” Burnett IT, 292
F.Supp.2d at 20. As the Minister of Interior, Prince Naif
oversees matters relating to Saudi public security, civil
defense, fire service, police, passports, special security,
and investigative forces. The Council of Ministers, of
which he is a member, oversees the implementation of
internal, external, financial, economic, educational,
defense policies, and general affairs of state for the
Kingdom. Prince Naif’s official responsibilities included
managing Saudi relations with Osama bin Laden, see
Prince Naif Mem. in Supp. Mot. to Dismiss at 2 (stating
Prince Naif urged the Kingdom to strip bin Laden of his
Saudi citizenship in 1994), and thus became a target of al
Qaeda himself (see, e.g., Bierstein Aff. in Opp’n to Prince
Sultan’s Mot. to Dismiss (fatwa issued by Osama bin
Laden expressing extreme bitterness toward Saudi Royal
family).) Therefore, Prince Naif’s administration of his
responsibilities was “clearly ... grounded in social,
economic, and political policy.” Burnett If, 292 F.Supp.2d
at 21 (citing Varig Airlines, 467 U.S. at 814, 104 S.Ct.
2755)).
This Court lacks subject matter jurisdiction over Prince
Salman and Prince Naif for their official acts. The FSIA
does not immunize an official for his private tortious acts,
however. See 28 U.S.C. § 1605(a)(5) (explaining torts
exception is relevant to official’s official acts); Leutwyler,
184 F.Supp.2d at 286-87 (explaming officials are
“deemed foreign states when they are sued for actions
undertaken within the scope of their official capacities’).
Accordingly, the Court will consider the appropriateness
of exercising personal jurisdiction over Prince Salman
and Prince Naif for their alleged personal acts below.
II. Personal Jurisdiction
1121 To survive the motions to dismiss under Federal Rule
WESTLAW
of Civil Procedure 12(b)(2), Plaintiffs must make a prima
facie showing that personal jurisdiction exists over each
moving Defendant. PDK Labs, Inc. v. Friedlander, 103
F.3d 1105, 1108 (Qd Cir.1997). The Court reviews the
complaints and affidavits in a light most favorable to
Plaintiffs, id. but it does not accept conclusory
allegations or draw “argumentative inferences.” Mende v.
Milestone Tech., Inc., 269 F.Supp.2d 246, 251
(S.D.N.Y.2003) (citing Robinson v. Overseas Military
Sales Corp., 21 F.3d 502, 507 (2d Cir.1994)).
31 Plaintiffs offer two bases for personal jurisdiction.
First, New York’s long-arm statute, which the Court looks
to in federal question cases in which no federal statute
provides for national service of process or when the Court
is sitting in diversity. PDK Labs, 103 F.3d at 1108; Bank
Brussels Lambert v. Fiddler Gonzalez & Rodriguez, 305
F.3d 120, 124 (2d Cir.2002). *557 New York’s long-arm
statute, C.P.L.R. 302(a)(2), provides for personal
jurisdiction over a person who, personally or through an
agent, “commits a tortious act within the state.” Because a
co-conspirator can be considered an agent, see Chrysler
Capital Corp. v. Century Power Corp., 778 F.Supp. 1260,
1266 (S.D.N.Y.1991), Plaintiffs argue that Defendants are
subject to personal jurisdiction here based on the acts of
their co-conspirators, the al Qaeda terrorists.
4] 15] 16] As this Court has previously explained, to
establish personal jurisdiction on a conspiracy theory,
Plaintiffs must make a prima facie showing of conspiracy
and allege facts warranting an inference that the defendant
was a member of the conspiracy. Terrorist Attacks I, 349
F.Supp.2d at 805. “To plead a valid cause of action for
conspiracy ... a plaintiff must allege the primary tort and
four elements: ‘(a) a corrupt agreement between two or
more persons, (b) an overt act in furtherance of the
agreement, (c) the parties’ intentional participation in the
furtherance of a plan or purpose, and (d) the resulting
damage or injury.’ ” Chrysler Capital Corp., 778 F.Supp.
at 1267 (quoting Kashi v. Gratsos, 790 F.2d 1050, 1055
(2d Cir.1986)). Further, “[t]o warrant the inference that a
defendant was a member of the conspiracy, Plaintiffs
must show that ‘(a) the defendant had an awareness of the
effects in New York of its activity; (b) the activity of the
co-conspirators in New York was to the benefit of the
out-of-state conspirators; and (c) the co-conspirators
acting in New York acted ‘at the direction or under the
control’ of or ‘at the request of or on behalf of? the
out-of-state defendant.” Terrorist Attacks I, 349
F.Supp.2d at 805 (quoting Chrysler Capital Corp., 778
F.Supp. at 1268-69). The Court must resolve the question
of whether a conspiracy exists “based upon an
independent examination of the factual allegations while
mindful of its duty to draw all factual inferences in
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| Filename | HOUSE_OVERSIGHT_017920.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
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| Indexed | 2026-02-04T16:33:30.273102 |