## Facts

- Two unarmed civilian Cessna aircraft operated by Brothers to the Rescue flew a humanitarian mission over the Florida Straits on February 24, 1996.
- Cuban Air Force fighter aircraft shot down both planes with air-to-air missiles in two attacks, killing four pilots; the aircraft and bodies were not recovered.
- Personal representatives and family members of three deceased pilots (U.S. nationals) sued the Republic of Cuba and the Cuban Air Force for damages arising from the deaths and relatives’ emotional injuries.
- Cuba did not appear; a clerk’s default was entered, but the court held a bench trial because claims against foreign states require proof “satisfactory to the court.”
- Trial evidence included testimony and documentation about the civilian nature of the planes, tracking data indicating the shootdown occurred in international airspace, attribution of the attack to Cuban military forces, and proof of citizenship and losses.

## Issues

1. Whether the Foreign Sovereign Immunities Act’s terrorism exception removed Cuba’s sovereign immunity and supplied subject-matter jurisdiction for claims arising from the shootdown.
2. Whether federal statutes recognizing terrorism-related claims created an actionable civil remedy and could be applied to the February 1996 conduct.
3. Whether plaintiffs proved liability and entitlement to compensatory and punitive damages despite defendants’ default.

## Decision

- The court exercised jurisdiction under the FSIA terrorism exception and held Cuba and the Cuban Air Force were not immune.
- The shootdown qualified as an “extrajudicial killing” and “aircraft sabotage” within the statutory terms because state military actors intentionally destroyed unarmed civilian aircraft and killed U.S. nationals without judicial process.
- The court found plaintiffs established their claims by evidence satisfactory under 28 U.S.C. § 1608(e), notwithstanding the default.
- The court held defendants liable for wrongful death and for intentional infliction of emotional distress suffered by close family members.
- The court awarded substantial compensatory damages and imposed punitive damages to punish and deter state-sponsored terrorist conduct.

## Legal Principles

- Under the FSIA terrorism exception (as then codified), a designated state sponsor of terrorism may be sued in U.S. court for personal injury or death caused by extrajudicial killing or aircraft sabotage against U.S. nationals, and sovereign immunity does not bar jurisdiction.
- A foreign state’s default does not permit judgment based solely on pleadings; § 1608(e) requires plaintiffs to prove the right to relief with evidence satisfactory to the court.
- Intentional destruction of civilian aircraft by state military forces constitutes an extrajudicial killing and supports tort liability for wrongful death; close relatives may recover for severe emotional distress where the conduct is extreme and intended or substantially certain to cause such harm.
- Compensatory damages may include economic loss and non-economic harms; punitive damages may be awarded where authorized to punish and deter egregious, intentional, state-sponsored violence.

## Conclusion

The court entered final judgment against Cuba and the Cuban Air Force after a trial on evidence, holding that the FSIA terrorism exception permitted jurisdiction for an extrajudicial killing and aircraft sabotage in international airspace and awarding both compensatory and punitive damages for the deaths of U.S. civilian pilots and resulting family injuries.


Alejandre v. Republic of Cuba, 996 F. Supp. 1239 (S.D. Fla. 1997)