Jama v. U.S.I.N.S.

• Position: LIABILITY - Brief Article

U.S. District Court

PRIVATE OPERATOR

ACTA -- Alien Tort Claims Act

Jama v. U.S.I.N.S., 343 F.Supp.2d 338 (D.N.J. 2004). Undocumented aliens who were detained pending determination of their asylum status brought an action alleging inadequate living conditions, torture, beatings, and other mistreatment at a facility operated by a private contractor. The court held that officials of the contractor were not government employees, and therefore the aliens' claims were not barred by a previous settlement agreement between the aliens and the United States, which included non-tort claims. The district court denied summary judgment in part, finding that issues of fact as to whether the burdens...