By Michael Yoakum
Impunity Watch Reporter, North America

 

HAVANA, Cuba –  A federal district judge in Washington dismissed a case brought by Alan Gross against the United States government on Tuesday.  Gross, a contractor for the State Department, was detained by Cuban authorities in 2009 for distributing communication devices to Jewish communities in Cuba as part of a democracy building program.

Gross was convicted of using communications technology to undermine the Cuban government in March 2011 and sentenced to fifteen years in prison.  The US government made attempts to negotiate Gross’s release.  However, the Cuban government attempted to tie the release of Cuban spies held in the US into negotiations.  When diplomatic efforts to free Gross failed, Gross’s wife brought suit against the US government and Developer Alternatives, Inc., the private contractor that hired him.

Developer Alternatives has since settled with Gross; however, his legal battle with the US government is far from over.  One of Gross’s attorneys, Scott Gilbert told the Washington Post that Gross “plan[s] to file promptly a notice of appeal”.

Legal experts expressed little surprise that the district court dismissed Gross’s complaint, citing a rule barring lawsuits against the US government under the Federal Tort Claims Act for harms suffered in foreign countries.  Gross argued against the exception, reasoning that the alleged negligence of the State Department took place within the US.  However, the district judge disagreed, noting that Gross’s injury – being imprisoned – took place in Cuba.

While Gross’s legal prospects look grim, his suit has illuminated embarrassing details of the democracy building programs run by the State Department and Developer Alternatives.

In his suit, Gross alleged that he was sent to Cuba on five separate occasions without proper training, protection, or knowledge of relevant Cuban laws.  Gross further claimed that he wrote memos after returning from each trip that expressed concern about the high risk involved in the trips.

Gross asserted in his complaint that the State Department and Developer Alternatives were aware of the growing risk to his safety and ignored the danger.

Gross’s legal battle may have stalled for the moment.  However, as Peter Phillips, founder of the Cuba Research Center, notes, the “bigger battle is trying to get him free.”

 

For further information, please see:

Washington Post – Lawyers for American imprisoned in Cuba appeal ruling dismissing case against US government – 31 May 2013

ABC – Alan Gross, lawsuit against U.S. dismissed – 29 May 2013

Global Post – American jailed in Cuba loses lawsuit against US – 29 May 2013

The Blog of LegalTimes – Court: American Jailed in Cuba Can’t Sue U.S. Government – 29 May 2013

The New York Times – American Contractor Held in Cuba Loses a Lawsuit – 29 May 2013