Case - United States - Alvarez v. Johns Hopkins University

Alvarez v. Johns Hopkins University

Summary of facts

This case concerns a 1940s U.S. government experiment that infected hundreds of Guatemalan people with syphilis as part of a nonconsensual and involuntary experiment regarding the effectiveness of penicillin, a new drug at the time.

The case Garcia v. Sebellius was originally brought against the U.S. government in 2011, but resulted in a court finding absolute immunity for officials’ acts taken within the parameters of their employment. Alvarez is the civil case that follows.

At issue is whether, following the U.S. Supreme Court’s 2018 Jesner v. Arab Bank decision, U.S. domestic corporations may be held liable under the Alien Tort Statute for international law violations perpetrated against non-U.S. citizens. In the present case, the violations alleged relate to nonconsensual medical experimentation on Guatemalan nationals during the 1940s and 50s.

Timeline

2022 U.S. District Court grants Defendant Motion for Summary Judgement

Jurisdiction

Yes

Applicable Law

U.S. Law: Alien Tort Statute

Issue(s) prior to law

Ruling / Outcome

Both Defendants and Plaintiffs file motions for summary judgement. The Court granted the Defendants motion and denied the Plaintiffs Motion.

2021 U.S. Fourth Circuit Court of Appeals Grants Defendant Motion to Dismiss

Jurisdiction

Yes

Applicable Law

U.S. Law: Alien Tort Statute

Issue(s) prior to law

Ruling / Outcome

The U.S. Fourth Circuit Court of Appeals Grants Defendants Motion to Dismiss the appeal.

2019 U.S. District Court Denies Defendant Motion to Dismiss

Jurisdiction

Yes

Applicable Law

U.S. Law: Alien Tort Statute

Issue(s) prior to law

Plaintiff alleges crimes against humanity in violation of international law.
Defendants filed a motion to dismiss, arguing that the Jesner v. Arab Bank’s opinion, which held courts could not extend Alien Tort Statute (ATS) liability against foreign corporations, should also apply to domestic corporations.

Ruling / Outcome

The Court denied Defendant's motion to dismiss, finding that the Jesner v. Arab Bank opinion, which bars ATS liability against foreign corporations, does not bar ATS suits against domestic corporations.
Plaintiff filed an appeal in the U.S. Court of Appeals for the Fourth Circuit.

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