UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Talal AL-ZAHRANI, et al.,
) Civil Action No. 09-0028 (ESH)
Donald RUMSFELD, et al.
Plaintiffs Talal Al-Zahrani (“Al-Zahrani, Sr.”) and Ali Abdullah Ahmed Al-Salami (“Al-
Salami, Sr.”), in their individual capacities and as the representatives of the estates of their sons,
Yasser Al-Zahrani (“Al-Zahrani”) and Salah Ali Abdullah Ahmed Al-Salami (“Al-Salami”),
have sued the United States and a host of government officials under the Alien Tort Claims Act
(“ATCA” or “ATS”), 28 U.S.C. § 1350 (2006); the Federal Tort Claims Act (“FTCA”), 28
U.S.C. §§ 2671-2680; and the Fifth and Eighth Amendments to the United States Constitution.
Al-Salami and Al-Zahrani were detainees at the United States Naval Base in Guantanamo Bay,
Cuba from 2002 until their deaths on June 10, 2006. Currently before the Court are the
individual defendants’ motion to dismiss plaintiffs’ constitutional claims, the government’s
motion for substitution for plaintiffs’ ATCA claims, and the government’s motion to dismiss
plaintiffs’ claims under the ATCA and FTCA. For the reasons set forth herein, the Court will
grant defendants’ motions.
Plaintiffs allege the following in their amended complaint. Yasser Al-Zahrani, Jr., a
citizen of Saudi Arabia, and Salah Ali Abdullah Ahmed Al-Salami, Jr., a citizen of Yemen, were
among nearly 800 individuals deemed to be “enemy combatants” by the United States
government and transferred to Guantanamo beginning in January 2002. (Am. Compl. ¶¶ 11, 13,
43-44.) Al-Zahrani was apprehended in Afghanistan in late 2001 and was moved to
Guantanamo in January 2002, when he was 17 years old. (Id. ¶ 83.) Al-Salami was arrested by
local forces in Pakistan in March 2002. (Id. ¶ 125.) He was held in Pakistani custod