Earlier this month, the government offered the full amount claimed by Plaintiff Haisam Elsharkawi in his lawsuit against the United States of America for tort damages under the Federal Tort Claims Act (“FTCA”). On behalf of Mr. Elsharkawi, CLCMA sought damages for false imprisonment/false arrest, negligence, battery and intentional infliction of emotional distress based on his extensive and intrusive detention at an airport when leaving for religious pilgrimage. The Judge held last month that the allegations supporting these claims were “textbook pleading” and denied the government’s Motion to Dismiss these claims. Two weeks later and shortly before discovery was about to begin, the government offered to concede judgment in the full amount that Plaintiff had identified as his monetary damages for these tort claims, when he first filed his administrative claim two years ago. “We are thrilled on behalf of our client that he is getting some compensation for the wrongs committed by the government two years ago,” said CLCMA’s Civil Litigation Department Head Christina A. Jump. “We will continue to work with him while he decides whether to appeal the Court’s earlier ruling on his constitutional claims, and we look forward to supporting all efforts on behalf of our clients to shine a light on harms against the Muslim community. We are particularly pleased that the government agreed to pay Mr. Elsharkawi’s total damages sought on his tort claims against the United States without having to go through the discovery process, which can be very time-consuming. As far as his claim for damages for these tort violations, this is a complete win.”
Federal Court Confirms Plaintiff’s Standing Based on Risk of Future Harm While Traveling, and Also Allows Tort Claims Against the Government for False Imprisonment to Proceed
