Attorneys for Plaintiffs - media.lasvegassun.com ATA ALTALQ; ALI ADELALLAH A’LAWEE; ... Case...

of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

JESSE SBAIH & ASSOCIATES, LTD. Jesse M. Sbaih (#7898) The District at Green Valley Ranch 170 S. Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel (702) 896-2529 Fax (702) 896-0529 [email protected] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

BARBARA COLE; ISMAIL SBAIH; and HANAN SBAIH, individually, as heirs of FIRAS ISMAIL MAHMOUD ZAIDAN “SBAIH” (deceased) and as co-administrators of the Estate of FIRAS ISMAIL MAHMOUD ZAIDAN “SBAIH,” Plaintiffs, vs. THE HASHEMITE KINGDOM OF JORDAN; THE HASHEMITE KINGDOM OF JORDAN PUBLIC SECURITY DIRECTORATE; AQABA REHABILITATION AND CORRECTION CENTER; MOUSA HAMAD ALMARE’A; LAFFY ALI ALA’MAREN; QADAR ABEDELSALAM ALTORAH; HASSAN ATA ALTALQ; ALI ADELALLAH A’LAWEE; THE HASHEMITE KINGDOM OF JORDAN, MINISTRY OF HEALTH-NATIONAL INSTITUTE OF FORENSIC MEDICINE; MU’MON AL-HADIDI, M.D.; MANSOUR OMAR AL-MA’AYTAH, M.D.; MUNTHER MOUSA LUTFI, M.D.; MAJID YASIN AL-SHAMAYLEH, M.D.; DOES 1 through 100; inclusive, Defendants.

Case No.:

COMPLAINT FOR COMPENSATORY AND PUNITIVE DAMAGES & DEMAND FOR JURY TRIAL

Case 2:09-cv-00838-PMP-LRL Document 1 Filed 05/11/2009 Page 1 of 21

of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiffs Barbra Cole, Ismail Sbaih, and Hanan Sbaih, individually, as heirs of FIRAS ISMAIL

MAHMOUD ZAIDAN “SBAIH” (deceased), and as co-administrators of the Estate of FIRAS ISMAIL

MAHMOUD ZAIDAN “SBAIH (collectively “Plaintiffs”), hereby file this Complaint against

Defendants THE HASHEMITE KINGDOM OF JORDAN; THE HASHEMITE KINGDOM OF

PUBLIC SECURITY DIRECTORATE; AQABA REHABILITATION AND CORRECTION

CENTER; MOUSA HAMAD ALMARE’A; LAFFY ALI ALA’MAREN; QADAR ABEDELSALAM

ALTORAH; HASSAN ATA ALTALQ; ALI ADELALLAH A’LAWEE; THE HASHEMITE

KINGDOM OF JORDAN, MINISTRY OF HEALTH-NATIONAL INSTITUTE OF FORENSIC

MEDICINE; MU’MON AL-HADIDI, M.D.; MANSOUR OMAR AL-MA’AYTAH, M.D.; MUNTHER

MOUSA LUTFI, M.D.; MAJID YASIN AL-SHAMAYLEH, M.D. and DOES 1 through 100.

Plaintiffs are informed and believe, and on the basis of that information and belief, allege as follows:

I.

PARTIES & JURISDICTION

1. This action arises out of the repeated torture, inhumane treatment, and the extrajudicial

and brutal killing of FIRAS ISMAIL MAHMOUD ZAIDAN “SBAIH” (deceased) (hereinafter referred

to as “Firas’) while Firas was vacationing in Aqaba, Jordan between May 6, 2007 and May 10, 2007.

2. Plaintiff BARBRA COLE (“Barbara”) is an individual residing in the State of

Pennsylvania and the wife of Firas, who died on May 10, 2007 as a result of repeated torture, inhumane

treatment, and extrajudicial and brutal killing while vacationing in Aqaba, Jordan.

3. Plaintiff ISMAIL SBAIH (“Mr. Sbaih”) is an individual residing in the County of Clark,

State of Nevada and the natural father of Firas, who died on May 10, 2007 as a result of repeated

torture, inhumane treatment, and extrajudicial and brutal killing while vacationing in Aqaba, Jordan.

4. Plaintiff HANAN SBAIH (“Mrs. Sbaih”) is an individual residing in the County of

Clark, State of Nevada and the natural mother of Firas, who died on May 10, 2007 as a result of

repeated torture, inhumane treatment, and extrajudicial and brutal killing while vacationing in Aqaba,

Jordan.

5. Plaintiffs bring this action against Defendants in accordance with 28 U.S.C.A § 1350.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6. Based on information and belief, at all relevant time herein, Defendant THE

HASHEMITE KINGDOM OF JORDAN (“Kingdom of Jordan”) was and is a signatory nation to the

1948 Universal Declaration of Human Rights, the 1975 Convention Against Torture, and Other Cruel,

Inhuman or Degrading Treatment or Punishment; and the 1976 International Covenant on Civil and

Political Rights.


HASHEMITE KINGDOM OF JORDAN PUBLIC SECURITY DIRECTORATE (“PSD”) was and is a

governmental entity established and organized under the laws of the Kingdom of Jordan.

8. Based on information and belief, at all relevant time herein, Defendant AQABA

REHABILITATION AND CORRECTION CENTER (“Aqaba Prison”) was and is a governmental

entity established and organized under the laws of the Kingdom of Jordan.

9. Based on information and belief, at all relevant time herein, Defendant MOUSA

HAMAD ALMARE’A (“Mousa”) was and is a resident of the Kingdom of Jordan and was a guard at

the Aqaba Prison.

10. Based on information and belief, at all relevant time herein, Defendant LAFFY ALI

ALA’MAREN (“LAFFY”) was and is a resident of the Kingdom of Jordan and was a guard at the

Aqaba Prison.

11. Based on information and belief, at all relevant time herein, Defendant QADAR

ABEDELSALAM ALTORAH (“Qadar”) was and is a resident of the Kingdom of Jordan and was a

guard at the Aqaba Prison.

12. Based on information and belief, at all relevant time herein, Defendant HASSAN ATA

ALTALQ (“Hassan”) was and is a resident of the Kingdom of Jordan and was a guard supervisor at the

Aqaba Prison.

13. Based on information and belief, at all relevant time herein, Defendant ALI

ADELALLAH A’LAWEE (“Ali”) was and is a resident of the Kingdom of Jordan and was a director of

the Aqaba Prison.


HASHEMITE KINGDOM OF JORDAN, MINISTRY OF HEALTH-NATIONAL INSTITUTE OF


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

FORENSIC MEDICINE (“Jordanian Institute of Forensic Medicine”) was and is a governmental entity

established and organized under the laws of the Kingdom of Jordan.

15. Based on information and belief, at all relevant time herein, Defendant MU’MON AL-

HADIDI, M.D. (“Dr. Mu’mon”) was and is a resident of the Kingdom of Jordan and was a Director of

the Jordanian Institute of Forensic Medicine.

16. Based on information and belief, at all relevant time herein, Defendant MANSOUR

OMAR AL-MA’AYTAH, M.D. (“Dr. Mansour”) was and is a resident of the Kingdom of Jordan and

was a Forensic Medicine Specialist at the Jordanian Institute of Forensic Medicine.

17. Based on information and belief, at all relevant time herein, Defendant MANSOUR

OMAR AL-MA’AYTAH, M.D. (“Dr. Mansour”) was and is a resident of the Kingdom of Jordan and

was a Forensic Medicine Specialist at the Jordanian Institute of Forensic Medicine.

18. Based on information and belief, at all relevant time herein, Defendant MUNTHER

MOUSA LUTFI (“Dr. Munther”) was and is a resident of the Kingdom of Jordan and was a Forensic

Medicine Specialist at the Jordanian Institute of Forensic Medicine.

19. Based on information and belief, at all relevant time herein, Defendant MAJID YASIN

AL-SHAMAYLEH, M.D. (“Dr. Majid”) was and is a resident of the Kingdom of Jordan and was a

Forensic Medicine Specialist at the Jordanian Institute of Forensic Medicine.

20. Plaintiffs are informed and believe and thereon allege that, at all relevant time herein, each

Defendant was the agent, servant, or employee of the remaining Defendants, and each was acting within

the course and scope of such agency or employment relationship. Specifically, that each Defendant was

acting as an agent of the remaining Defendants at the time of the torture, severe beatings, extrajudicial

killing of Firas that is the basis of this Complaint, and therefore, all Defendants are jointly and severally

liable for those injuries received by the Plaintiffs.

21. The true names and capacities, whether individual, corporate, associate, or otherwise, of

Defendants sued herein as DOES 1 through 100, inclusive, are currently unknown to Plaintiffs, who

therefore sues Defendants by such fictitious. Plaintiffs are informed and believe, and based thereon

allege, that each of the Defendants designated herein as a DOE is legally responsible in some manner

for the unlawful acts referred to herein. Plaintiffs will seek leave of court to amend this Complaint to


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

reflect the true names and capacities of the Defendants designated hereinafter as DOES when such

identities become known.

22. This Court has subject matter jurisdiction pursuant to 28 U.S.C.A § 1350 and

supplemental jurisdiction over Plaintiffs state law claims pursuant to 28 U.S.C. § 1367. This Court has

subject matter jurisdiction pursuant to 28 U.S.C. §1331 because the action involves a federal code of

regulation, 28 U.S.C.A § 1350.

II.

SPECIFIC ALLEGATIONS

23. In May 2007, Firas, a vibrant and healthy thirty (35) year old male, was vacationing in

Aqaba, a resort city located on the Red Sea in the Kingdom of Jordan.

24. Based on information and belief, Firas, an avid swimmer, particularly enjoyed Aqaba

due to its beautiful weather and vast beaches.

25. Based on information and belief, Firas believed that Aqaba would be a safe and tranquil

place for him to vacation in while in the Kingdom of Jordan.

26. Based on information and belief, while in Aqaba, Firas rented a flat from a local

businessman on a weekly basis. The flat was within a few hundred yards of the beach.

27. Based on information and belief, on or about May 1, 2007, Firas paid the son of the

Aqaba businessman the rent for the flat.

Friday, May 4, 2007

28. Based on information and belief, on May 4, 2007, the businessman went to Firas’ flat

and demanded payment of rent.

29. Based on information and belief, Firas informed the Aqaba businessman that he had paid

the rent to the businessman’s son a few days earlier and that he was not going to allow anyone to take

advantage of him.

30. Based on information and belief, the Aqaba businessman began threatening Firas and a

verbal confrontation ensued.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

31. Based on information and belief, the Aqaba businessman summoned the police.

32. Based on information and belief, members of the Aqaba PSD arrested Firas and

transferred Firas to a local Aqaba police station.

33. Based on information and belief, upon arriving at the Aqaba police station, Firas

contacted Barbara Cole, his wife who residences in Pennsylvania, and explained to her that the Aqaba

businessman was attempting to “rip me off,” that he had refused to succumb to his threats, and that he

was arrested by the police.” Firas told Barbara that “this is not a big deal, I will call you soon.”

34. Based o information and belief, at the time of his arrest, Firas had in his possession

Jordanian currency worth several hundred dollars and several credit cards.

35. Based on information and belief, members of the Aqaba PSD confiscated Firas’ wallet,

which contained the money and the credit cards.

36. Based on information and belief, Firas was jailed at the local Aqaba police station until

May 6, 2007.

Sunday, May 6, 2007 Court Hearing

37. Based on information and belief, on Sunday, May 6, 2007, Firas was taken to court to

face a judge.

38. Based on information and belief, in court, Firas was advised that he was being charged

with disorderly conduct.

39. Based on information and belief, Firas was not represented by an attorney and did not

have an opportunity to cross-examine his accuser, the Aqaba businessman from whom Firas rented the

flat.

40. Based on information and belief, the judge sentenced Firas to six (6) days in prison.

41. Based on information and belief, Firas, without the assistance of an attorney and unable

to call anyone for help in Aqaba, was unable to appeal his prison sentence.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

42. From court, Firas was transferred to the Aqaba Rehabilitation and Correction Center (the

“Aqaba Prison”).

43. Since Firas had spent the two prior days in jail, Firas was scheduled to be released from

the Aqaba Prison on May 10, 2009.

Firas is Subjected to Torture, and Repeated and Severe Beatings From May 6, 2007 through May 9, 2007

44. According to an investigation memorandum prepared by Human Rights Watch

(“HRW”), a non-profit organization with headquarters in New York, Firas entered the Aqaba Prison at

approximately 7:00 p.m. on May 6, 2007. A true and accurate copy of a September 17, 2007

correspondence from HRW to the PSD and the investigative memorandum are collectively attached

hereto as Exhibit 1.

45. Upon arrival at the Aqaba Prison, Firas was processed, registered, and given a hair cut.

Id.

46. At the time of Firas’ arrival in the Aqaba Prison, Firas appeared to be in good health and

was acting normally. Id.

47. At approximately 8:00 p.m., Firas was placed in a holding cell (known as “Shabaka”),

which has metal bars and is located outside the general prison cells.

48. As evidenced by the extremely bloody clothing Firas was wearing at the time he entered

the Aqaba Prison that is presently in Plaintiffs’ possession, while in the Shabaka, Firas was severely

beaten and was caused to bleed from all over his body.

49. According to HRW’s investigation, on May 7, 2007, at approximately 9:00 a.m., guards

at the Aqaba Prison placed Firas in Wing 1, where he occupied the first bed in the right row of beds. Id.

50. Based on information and belief, after having endured a night long of severe beatings

and torture, Firas was acting strangely upon his arrival at Wing 1.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

51. Based on information and belief, a few hours later, Firas had quieted down. However,

around 7:00 p.m. on May 7, 2009, guards Mousa, Laffy, and Qadar entered the room and asked Firas to

get dressed. Firas refused.

52. Based on information and belief, Mousa and Laffy then swung from the upper bunk bed

and hit Firas in the face and chest with their boots. Thereafter, Mousa and Laffy took Firas outside the

cell.

53. Based on information and belief, a few moments later, the guards began to beat Firas

against and other prisoners heard Firas scream from the direction of the Shabaka.

54. Based on information and belief, that evening, eyewitnesses reported guards Mousa,

Laffy, and Qadar beating Firas with four (4) electrical cables and sticks in the Shabaka. That night,

Firas was badly and severely beaten approximately 15 to 20 times, each time for approximately 5

minutes.

55. Based on information and belief, Firas remained in the Shabaka until approximately 1:00

a.m. and then was taken by guards to a solitary confinement cell. At that time, Firas was able to walk

on his own.

56. Based on information and belief, prison guards subjected Firas to severe beatings and

torture with cables and sticks throughout the day on May 8, 2007.

57. Based on information and belief, during the early morning hours of May 9, 2007,

according to HRW’s investigation, Firas was seen lying naked in his solitary confinement cell. Firas

was bleeding and drooling from his mouth. Firas was semi-unconscious.

58. Based on information and belief, at that time, other prisoners were asked to dress Firas

and place him back in the Shabaka. There, guard Hassan severely beat Firas with a cable for

approximately 15 minutes.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

59. Based on information and belief, at approximately 9:00 a.m. on May 9, 2007, prisoners

heard Firas scream from the direction of the Shabaka. Firas was beaten and the screams continued for

approximately 30 minutes.

60. Thereafter, guard Mousa began beating Firas with a one-meter-long cable, belonging to

the air conditioning. While Firas was being beaten and to preclude Firas from defending himself,

Mousa had chained Firas to the Shabaka, with Firas’ hands outside, in a crouching position, because the

handcuffs were chained low to the bar. Mousa’s severe and brutal beatings of Firas with the cable

lasted for about 10 minutes.

61. Based on information and belief, at approximately 10:00 a.m. on May 9, 2007, Firas was

taken back to solitary confinement.

62. When guards for the night shift arrived at 4:00 p.m., they continued to severely and

brutally beat Firas in the kitchen corridor. Witnesses observed Laffy and other guards severely beating

Firas on the head and blood and “white stuff” coming from an area close to Firas’ temple.

63. Based on information and belief, after several days of continuous severe beatings and

torture, Firas became unconscious and was dying as he was gasping for breath. As a result, based on

information and belief, prison guards transported Firas to Princess Haya Hospital, a hospital in Aqaba.

64. Based on information and belief, at the hospital, Firas was seen by the Emergency Room

physician who asked the guards what was the matter with Firas. The guards responded that Firas was

having “mental problems” and the guards requested that the physician inject Firas with medication to

calm Firas down.

65. Based on information and belief, despite the presence of numerous contusions and

bruising on Firas’ body, the ER physician did not examine and/or treat Firas’ severe injuries and/or

attempt to save his life. Instead, the ER physician injected Firas with Haledol, an anti-psychotic

medication, and released Firas back to the prison guards.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

66. Based on information and belief, upon returning Firas to the Aqaba Prison from the

hospital, guards continued to severely beat and torture Firas with cables and sticks.

67. Based on information and belief, the guards stopped the severe beatings and torture of

Firas during the evening hours of May 9, 2007.

68. Based on information and belief, after the beatings and torture, Firas was placed in a

solitary confinement cell.

69. Based on information and belief, in the early morning hours of May 10, 2007, a prisoner,

while serving breakfast, found Firas dead in the solitary confinement cell.

70. Based on information and belief, upon discovering Firas’ corpse, prison guards took

Firas back to Princess Haya Hospital. Firas was pronounced dead upon arrival at the hospital.

71. At Princess Haya Hospital, as evidenced by the Corpse Examination Report, the Aqaba

prosecutor noted the presence of numerous bruises, contusions, and blood on Firas’ body. As a result,

the Aqaba prosecutor ordered that Firas’ body be transferred to the National Institute of Forensic

Medicine in Amman, Jordan for an autopsy. A true and accurate copy of the translated Aqaba Corpse

Examination Report and a copy of the original Arabic report are collectively attached hereto as Exhibit

2.

72. Based on information and belief, Firas was severely beaten and tortured to death by

prison guards in order for the guards, who each likely earns less than $1,000.00 per year, to embezzle

several hundred dollars of Firas’ money and his credit card. Plaintiffs learned that such credit was used

after Firas’ death to purchase goods in the city Amman, a city several hundreds miles away from

Aqaba.

Conspiracy by the Kingdom of Jordan, PSD, and National Institute of Forensic Medicine to Conceal the Cause of Firas’ Death

73. Based on information and belief, Aqaba is one of the most economically important cities

in the Kingdom of Jordan. The Kingdom of Jordan expends millions of dollars a year in marketing


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Aqaba to potential tourists in the Western Hemisphere. In doing so, the Kingdom of Jordan markets

Aqaba as a safe, peaceful, and tranquil resort city on the Red Sea where one could have a pleasant and

enjoyable vacation.

74. Based on information and belief, the Kingdom of Jordan, over the years, has solicited

companies from the throughout the World to invest hundreds of millions of dollars for the economic

development of Aqaba.

75. Based on information and belief, in the years prior to Firas’ extrajudicial killing and

murder on May 10, 2007, the Kingdom of Jordan had been successful in attracting international

businesses to invest in Aqaba and Western tourists to come in the hundreds of thousands each year.

76. Based on information and belief, the manner of Firas’ death caused the Kingdom of

Jordan and the PSD grave concern about the reputation of Aqaba as a safe city for tourists. They were

also concerned about the potential economic damage that could result from news that a tourist, such as

Firas, was severely beaten, tortured to death, and robbed of his money and credit card while vacationing

in Aqaba.

77. To hide and conceal the true cause of death, based on information and belief, on May 10,

2007, within hours of Firas' murder by prison guards, Firas’ family was told that Firas died of a drug

overdose despite the fact that Firas had been under the care and custody of the PSD for six (6) days

prior to his death.

79. Based on information and belief, on or about May 11, 2007, Firas’ corpse arrived at Al-

Bashir Hospital in Amman, Jordan for an autopsy.

80. On or about May 12, 2007, Dr. Mu’mon, the Director of the National Institute of

Forensic Medicine, Dr. Mansour, Dr. Munther, and Dr. Majid performed an autopsy on Firas.

81. As evidenced by the May 12, 2007 Corpse Examination Report, the forensic physicians

noted that the presence of hundreds of cuts, contusions, and bruises, of various sizes, color, and shapes,


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

on Firas’ body. A true and accurate copy of the translated May 12, 2007 Corpse Examination Report

and a copy of the original Arabic report are collectively attached hereto as Exhibit 3.

81. Based on the number, size, and color of the contusions and bruises that covered nearly

every inch of Firas’ body, it was clear that Firas had been severely tortured and beaten to death.

82. However, in the May 12, 2007 report, the Jordanian forensic doctors decided to withhold

determination of Firas’ cause of death until the results of lab testing of tissues and body fluid samples

became available.

83. On May 14, 2007, the PSD, through a press release to Jordanian newspapers, television,

and radio reported that Firas had died from heart failure at Princess Haya Hospital in Aqaba.

84. On or about May 17, 2007, Barbara received Firas’ clothing from Aqaba Prison, which

had blood stains throughout. Barbara also received Firas’ wallet, which had no money in it and was

missing a credit card, the very same credit card that was used to purchase goods from Amman after

Firas’ death.

85. Based on information and belief, on or about May 17, 2007, a thorough search of Firas’

flat by the PSD did not uncover any drugs, prescription medication, and/or any other intoxicating

substance.

86. Based on information and belief, despite the overwhelming evidence to the contrary, on

or about May 21, 2007, an PSD spokesman, in an interview with Al-Jazeera Television, claimed that

“the transfer of the prisoner [Firas] from the Rehabilitation and Correctional Center of Aqaba to the

Princess Haya military hospital took place after the prisoner was suffering from pain, and at his arrival

at the hospital he deceased, and that there weren’t any traces on the outside of his corps pointing to his

having been subjected to beatings or assault.”

87. On or about May 29, 2007, Firas’ autopsy report was released in the morning. The

report revealed that Firas had numerous and large external bruising throughout his body likely inflicted

within twenty-four (24) hours to six (6) days of death, that Firas had a broken rib and internal bleeding


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

in the lungs, kidneys, liver, and spleen. A true and accurate copy of the translated May 29, 2007 Corpse

Examination Report and a copy of the original Arabic report are collectively attached hereto as Exhibit

4.

88. In addition, to further the conspiracy to conceal Firas’ cause of death, the report stated

that Firas had in his system 14.3 micrograms, 100 times the therapeutic level, of Cloripramine

(Anafranil), an anti-depressant. Thus, the report stated that “drug poisoning” was the cause of death

and not the torture/beatings Firas endured for several days. Exhibit 4.

89. On or about June 3, 2007, Firas’ family sought to remove Firas’ body from Al-Bashir

Hospital for burial. However, at that time, Firas’ family learned, for the first time and without their

consent, that Firas had been mysteriously moved from Al-Bashir Hospital to another hospital a few days

earlier.

90. On or about June 4, 2007, Firas’ body was laid to rest.

91. After Firas’ burial, HRW submitted Firas’ autopsy reports for review to a forensic

pathologist who had worked extensively on the detection of torture and consulted with several

renowned clinical psychiatrists in the United States about dosages and contraindications of

Clomipramine, as well as symptoms of an overdose. Exhibit 1.

92. The experts retained by HRW expressed doubt about the extremely high doses of

Clomipramine allegedly found in Firas’ body.

93. Based on information and belief, Firas had been in the care and custody of the PSD since

May 4, 2007, six days prior to his death, which would have made it impossible for Firas to obtain and/or

consume any anti-depressant medication. In addition, no prescription medication was found at Firas’

flat during the search by the PSD on May 17, 2007, which reveals that Firas had not taken

Clomipramine prior to his arrest on May 4, 2007. Moreover, the concentration of 14.3 micrograms is

medically impossible for someone to obtain and survive for a period six (6) days.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

94. Or about August 21, 2007, when confronted with the medical and scientific findings and

when the family requested Firas’ blood samples to do its own laboratory testing, the Jordanian National

Institute of Forensic Medicine, through Defendants Dr. Mu’mon, Dr. Mansour, Dr. Munther, and Dr.

Majid issued an Amended Autopsy Report. A true and accurate copy of the translated August 21, 2007

Autopsy Report and a copy of the original Arabic report are collectively attached hereto as Exhibit 5.

95. Based on information and belief, in the August 21, 2007 Amended Report, the Kingdom

of Jordan, the PSD, the Jordanian Institute of Forensic Medicine, and the forensic physicians, unable to

completely escape the fabricated and frivolous findings in the May 29, 2007 report that Clomipramine

was present in Firas’ body, collectively and in conspiracy decided to lower the Clomipramine levels in

Firas’ body to therapeutic levels. Exhibit 5.

96. In addition, in the August 21, 2007 Amended Report, the Kingdom of Jordan, the PSD,

the Jordanian Institute of Forensic Medicine, and the forensic physicians, despite plethora of evidence

that Firas was tortured and beaten to death, collectively and in conspiracy, decided to blame the cause

of Firas’ death on “severe respiratory failure as a result of the toxic effects of the ‘chlorbramine’ [sic]

drug along with the bleeding inside the pulmonary tissues.” Exhibit 5.

97. Moreover, aside from tampering with and fabrication of medical data, according to

HRW, there was an ongoing intimidation of witnesses not to talk. Threats were made against witnesses

and their family members to not discuss what happened to Firas. Exhibit 1.

98. According to HRW’s investigation, while investigating Firas’ death, PSD and

government prosecutors asked the witnesses to focus on how Firas may have ingested drugs and were

not interested in hearing about the severe and deadly beatings Firas received. In addition, the prison

administration hand-picked the prisoners it wanted to speak to investigators. Id.

///

///

///


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

FIRST CAUSE OF ACTION

(Torture and Extrajudicial Killing Under 28 U.S.C.A § 1350 v. Kingdom of Jordan)

99. Plaintiffs repeat and reallege each and every allegation contained in Paragraphs 1 through

97, inclusive, and incorporate the same by reference as though the same were fully set forth herein.

100. At all relevant times, particularly from May 6, 2007 through May 10, 2007, the Kingdom

of Jordan was a signatory nation to the 1948 Universal Declaration of Human Rights, 1975 Convention

Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the 1976

International Covenant on Civil and Political Rights (collectively “Laws of Nations”).

101. These Laws of Nations prohibited member nations, including the Kingdom of Jordan,

from permitting, allowing, and/or condoning the practice of torture and other inhumane treatment of

individuals.

102. By agreeing and signing to become a member nation of the Laws of Nations, the

Kingdom of Jordan agreed that it would not permit, allow, and/or condone the practice of torture and

other inhumane treatment of individuals.

103. As evidenced by a January 5, 2007 Report of the Special Rapporteur on Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, authored by Manfred Nowak on his

mission to Jordan from June 25, 2006 through June 29, 2006 (“Manfred Nowak’s Report”), the

Kingdom of Jordan and the PSD had been advised of, among other things, the following:

a. The “practice of torture is widespread in Jordan;”

b. The “total denial of knowledge of torture allegation is astonishing, and points to a

lack of awareness and recognition by officials of the nature of the prohibition of

torture and ill-treatment, and of its gravity and severity.

A true and accurate copy of Manfred Nowak’s January 5, 2007 Report is attached hereto as Exhibit 6.

104. On March 15, 2007, nearly two (2) months prior to Firas extrajudicial killing and tragic

death, rather than and instead of following the recommendations of Mr. Nowak to eradicate the practice


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

of torture and ill-treatment, the Kingdom of Jordan issued a response, which criticized and minimized

the findings of Mr. Nowak. A true and accurate copy of the Kingdom of Jordan’s March 15, 2007

Response is attached hereto as Exhibit 7.

105. Plaintiffs believe that, had the Kingdom of Jordan followed the warnings and advice of

Mr. Nowak, a highly respected United Nations’ Special Rapporteur on Torture, Firas would not have

been subjected to the torture, severe beatings, and the extrajudicial killing he endured in May 2007.

106. The Kingdom of Jordan violated the Laws of Nations as a result of the cruel, inhumane,

and the extrajudicial killing Firas was subjected to from May 6, 2007 through May 6, 2007 while Firas

was under the care and custody of the Kingdom of Jordan, the PSD, and members of the PSD.

107. The conduct of the Kingdom of Jordan was oppressive, malicious, and done in wanton

and reckless disregard for the rights of Firas, thereby warranting the imposition of punitive damages.

108. As a direct and proximate result of the recklessness of Defendants, Plaintiffs have been

damages in an amount in excess of One Hundred Million Dollars ($100,000,000.00). Any amount

recovered by Plaintiffs in this action will be donated, in its entirety, by Plaintiffs to charity in Firas’

memory.

SECOND CAUSE OF ACTION

(Wrongful Death v. Kingdom of Jordan, PSD, and Aqaba Prison, Mousa, Laffy, Qadar, Hassan, and Ali)

109. Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1 through

108 of this Complaint with the same force and effect as if set forth herein.

110. Defendants and each of them were negligent and/or reckless because, among other things,

Defendants and each of them subjected Firas to cruel, harsh, inhumane treatment while he was under the

care and custody of the Kingdom of Jordan, the PSD, and the guards at the Aqaba Prison from May 6,

2007 through May 10, 2007.

111. Defendants, and each of them, had the duty to treat Firas in a humane manner and to

protect him from harm.


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

112. Plaintiffs are informed and believe, and thereon allege that one or more of the Defendants

had or should have had actual knowledge and/or notice of the frequent and common inhumane treatment

and torture of human beings that occurred at the Aqaba Prison and other Jordanian prisons.

113. Despite such knowledge, or the opportunity to gain such knowledge, the Defendants and

each of them, breached their duties by allowing Firas to be subjected to cruel and inhumane treatment.

114. As a proximate result of the negligence and/or reckless conduct of Defendants, and each

of them, Firas sustained fatal injuries.

115. From the time of his injuries until his death, Firas suffered intense physical and mental

pain, disfigurement, shock and agony, all to his damage recoverable by Plaintiffs in an amount in excess

of One Hundred Million Dollars ($100,000,000.00). Any amount recovered by Plaintiffs in this action

will be donated, in its entirety, by Plaintiffs to charity in Firas’ memory.

116. As a further and proximate result of the negligence and/or recklessness of Defendants,

and each of them, which led to Firas’ death, Plaintiffs have been deprived of his support and the value of

the accumulations of his estate had he lived his normal life expectancy, all to Plaintiffs’ damages to be

determined at the time of trial. Any amount recovered by Plaintiffs in this action will be donated, in its

entirety, by Plaintiffs to charity in Firas’ memory.

THIRD CAUSE OF ACTION

(Battery v. Kingdom of Jordan, PSD, and Aqaba Prison, Mousa, Laffy, Qadar, Hassan, and Ali)

117. Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1

through 116 of this Complaint with the same force and effect as if set forth herein.

118. From approximately May 6, 2007 through May 9, 2007, Firas was subjected to severe

and continuous beatings and torture while in the care and custody of Defendants.

119. At all times mentioned, Firas found the contacts made with his body by Defendants to be

extremely harmful and offensive, and were not at any time consented to by Firas.

120. As a direct and proximate result of the battery described above, Firas was severely

injured, endured physical and mental suffering, and subsequently died as a result of the battery, all to

Plaintiffs’ damage in the sum in excess of One Hundred Million Dollars ($100,000,000.00). Any


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

amount recovered by Plaintiffs in this action will be donated, in its entirety, by Plaintiffs to charity in

Firas’ memory.

FOURTH CAUSE OF ACTION

(False Imprisonment v. Kingdom of Jordan, PSD, and Aqaba Prison)

121. Plaintiffs repeats and reallege each and every allegation contained in paragraphs 1

through 120 of this Complaint with the same force and effect as if set forth herein.

122. Defendant’s acts and conduct, above described, was intended to confine Firas within

boundaries fixed by Defendants.

123. Defendants’ acts and conduct, above described, resulted in Firas’ confinement and Firas

was conscious of the confinement.

124. As a proximate result of the acts of the Defendants, Firas was injured in his mind and

body, all to Plaintiffs’ damage in the sum to be determined at the time of trial. Any amount recovered

by Plaintiffs in this action will be donated, in its entirety, by Plaintiffs to charity in Firas’ memory.

FIFTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress v. All Defendants)

125. Plaintiffs repeat and reallege each and every allegation contained in Paragraphs 1

through 124, inclusive, and incorporate the same by reference as though the same were fully set forth

herein. 126. Defendants, and each of them, acted in a manner that was extreme and/or outrageous

with reckless disregard for causing severe emotional distress to Plaintiffs.

127. As the actual and proximate result of Defendants’ conduct, Plaintiffs have suffered

severe and/or extreme emotional distress, resulting in general damages in the sum in excess of One

Hundred Million Dollars ($100,000,000.00). Any amount recovered by Plaintiffs in this action will be

donated, in its entirety, by Plaintiffs to charity in Firas’ memory.

///

///

///

///


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

SIXTH CAUSE OF ACTION

(Loss of Consortium v. Kingdom of Jordan, PSD, and Aqaba Prison, Mousa, Laffy, Qadar, Hassan, and Ali)

128. Plaintiffs repeat and reallege each and every allegation contained in Paragraphs 1 through

127, inclusive, and incorporate the same by reference as though the same were fully set forth herein.

129. As a direct and proximate result of Defendants negligence and/or recklessness, Firas

sustained fatal injuries.

130. Firas was a loving husband and son and by reason of his sudden and unexpected loss,

Plaintiffs have suffered extreme grief and sorrow and have been deprived of his companionship, society,

and comfort, resulting in general damages in an amount as yet to be ascertained but to be adduced at

trial.

SEVENTH CLAIM FOR RELIEF

(Civil Conspiracy v. All Defendants)

131. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1 through 130 above

as if fully incorporated herein.

132. Based on the conduct set forth in the Complaint, Defendants for financial gain (i.e., to

prevent adverse reputation and economic damage to the resort city of Aqaba), and by acting in concert,

intended to accomplish an unlawful objective for the purposes of harming Plaintiffs.

133. The conduct by Defendants, as described herein and with respect to fabrication of

medical data to conceal the cause of death, was fraudulent, malicious, and oppressive, entitling Plaintiffs

to an award of punitive damages.

134. As a direct and proximate result of Defendants’ misconduct, Plaintiffs have suffered

actual, special, and consequential damages in excess of One Hundred Million Dollars

($100,000,000.00). Any amount recovered by Plaintiffs in this action will be donated, in its entirety, by

Plaintiffs to charity in Firas’ memory.

///

///

///


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EIGHTH CLAIM FOR RELIEF

(Negligent Training and Supervision v. Kingdom of Jordan and PSD)

135. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1 through 134 above

as if fully incorporated herein.

136. Defendants owed a duty to Firas to properly train and supervise their agents and prevent

them from beating and torturing human beings.

137. Defendants breached their duty when their agents severely beat, tortured, and killed Firas.

138. Defendants knew or should have known that their agents presented a risk of harm to Firas

and others.

139. The conduct of Defendants, as alleged herein, was willful, intentional, oppressive,

malicious and done in a wanton and reckless disregard for the rights of Firas, thereby warranting the

imposition of punitive damages.

140. As a direct and proximate result of the negligent training and supervision by Defendants,

Plaintiffs have been damaged in an amount far in excess of One Hundred Million Dollars

($100,000,000.00). Any amount recovered by Plaintiffs in this action will be donated, in its entirety, by

Plaintiffs to charity in Firas’ memory.

WHEREFORE, Plaintiffs pray for judgment against Defendants, jointly and severally, as

follows:

1. For general damages in excess of $100,000,000.00 to be entirely donated by

Plaintiffs to charity in Firas’ memory;

2. For special damages to be determined at time of trial to be entirely donated by


3. For punitive damages in excess of $100,000,000.00 to be entirely donated by


4. For reasonable attorneys' fees and costs of suit incurred herein; and

///

///

///


of 21

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5. Such other and further relief as the Court may deem just and proper.

DATED this 11th day of May, 2009.

JESSE SBAIH & ASSOCIATES, LTD. By /s/ Jesse M. Sbaih

The District at Green Valley Ranch 170 S. Green Valley Parkway, Suite 280 Henderson, Nevada 89012

Attorneys for Plaintiffs

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand trial of his claims by jury to the extent authorized by law.

DATED this 11th day of May, 2009.

JESSE SBAIH & ASSOCIATES, LTD. By /s/ Jesse M. Sbaih

The District at Green Valley Ranch 170 S. Green Valley Parkway, Suite 280 Henderson, Nevada 89012

Attorneys for Plaintiffs


Attorneys for Plaintiffs - media.lasvegassun.com ATA ALTALQ; ALI ADELALLAH A’LAWEE; ... Case...

Documents

Transcript of Attorneys for Plaintiffs - media.lasvegassun.com ATA ALTALQ; ALI ADELALLAH A’LAWEE; ... Case...