Opinion
1:22-cv-1288
05-24-2023
SHNYAR ANWAR HASSAN, Plaintiff, v. MASROUR BARZANI, Defendant.
MEMORANDUM OPINION
T. S. Ellis, United States District Judge
This defamation case is a political sideshow brought by Plaintiff Shnyar Anwar Hassan (“Plaintiff”), a self-proclaimed Kurdish political advocate, against Defendant Masrour Barzani (“Defendant”), the prime minister of the Kurdistan autonomous region in Northern Iraq. Plaintiff, a U.S. citizen living in Virginia, has long publicly opposed Defendant's leadership of the Kurdistan Regional Government. Plaintiff alleges that in retaliation for her outspoken criticism of Defendant, Defendant caused the Office of the Prime Minister of the Kurdistan Regional Government to issue a defamatory statement implying that Plaintiff had an extramarital affair with an American journalist, which was published via the internet on several Kurdish news outlets. Plaintiff claims that the statement places her in imminent danger and Plaintiff's four-count Complaint asserts (i) assault, (ii) stalking, (iii) defamation, and (iv) intentional infliction of emotional distress. In response, Defendant has filed a Motion to Dismiss (Dkt. 10), arguing that Plaintiff's Complaint must be dismissed for lack of personal jurisdiction pursuant to Rule 12(b)(2), Fed. R. Civ. P., and that the Complaint is barred by the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1602 et seq. (“FSIA”). Defendant also claims that dismissal is required by virtue of Rules 12(b)(6) and 12(b)(7). Defendant's Motion has been fully briefed and argued orally and is now ripe for disposition. For the reasons that follow, Defendant's Motion to Dismiss pursuant to Rule 12(b)(2) must be granted.
I.