Opinion
MOHAMAD, individually and for ESTATE OF RAHIM, DECEASED, et al. v. PALESTINIAN AUTHORITY et al.
No. 11-88.
Argued February 28, 2012
Decided April 18, 2012
Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia, J., joined except as to Part III-B. Breyer, J., filed a concurring opinion, post, p. 461.
Jeffrey L. Fisher argued the cause for petitioners. With him on the briefs were Robert J. Tolchin, Thomas C. Gold-stein, Kevin K. Russell, Pamela S. Karlan, and Nathaniel A. Tarnor.
Laura G. Ferguson argued the cause for respondents. With her on the brief were-Richard A. Hibey, Mark J. Ro-chon, Dawn E. Murphy-Johnson, Jeffrey A. Lamken, Robert K. Kry,. and Martin V. Totaro.
Curtis E. Gannon argued the cause for the United States as amicus curiae supporting affirmance. With him on the brief were Solicitor General Verrilli, Assistant Attorney General West, Deputy Solicitor General Kneedler, Douglas N. Letter, Robert M. Loeb, Lewis S. Yelin, Harold Hongju Koh, and Cameron F Kerry.
Briefs of amici curiae urging reversal were filed for Law Professors of Civil Liberties and 42 U. S. C. § 1983 by Penny M. Venetis; for the Yale Law School Center for Global Legal Challenges by Oona A. Hathaway and Jeffrey A. Meyer; for Juan Méndez by Deena R. Hurwitz; for Former U. S. Senator Arlen Specter et al. by William J. Aceves and Anthony DiCaprio; and for Joseph E. Stiglitz by Michael D. Hausfeld.
Briefs of amici curiae were filed for the American Petroleum Institute et al. by Peter B. Rutledge; for KBR, Inc., by David B. Rivkin, Jr., and Lee A. Casey; for Omer BĂĄrtov et al. by Jennifer Green, Judith Brown Chomsky, and Beth Stephens; for Juan Romagoza Arce et al. by Andrea C. Evans, Pamela M. Merchant, Natasha E. Fain, and L. Kathleen Roberts; and for Larry Bowoto et al. by Marco Simons, Richard Herz, Theresa Traber, Bert Voorhees, Lauren Teukolsky, Dan Stormer, Cindy A. Cohn, Mr. DiCaprio, Michael S. Sorgen, Ms. Chomsky, and Richard R. Wiebe.
[MAJORITY â Justice Sotomayor]
Justice Sotomayor
delivered the opinion of the Court.
The Torture Victim Protection Act of 1991 (TVPA or Act), 106 Stat. 73, note following 28 U. S. C. § 1350, authorizes a cause of action against â[a]n individualâ for acts of torture and extrajudicial killing committed under authority or color of law of any foreign nation. We hold that the term âindividualâ as used in the Act encompasses only natural persons. Consequently, the Act does not impose liability against organizations.
I
Because this case arises from a motion to dismiss, we accept as true the allegations of the complaint. Ashcroft v. al-Kidd, 563 U. S. 731, 734 (2011). Petitioners are the relatives of Azzam Rahim, who immigrated to the United States in the 1970â
and became a naturalized citizen. In 1995, while on a visit to the West Bank, Rahim was arrested by Palestinian Authority intelligence officers. He was taken to a prison in Jericho, where he was imprisoned, tortured, and ultimately killed. The following year, the U. S. Department of State issued a report concluding that Rahim âdied in the custody of [Palestinian Authority] intelligence officers in Jericho.â Dept, of State, Country Reports on Human Rights Practices for 1995, Submitted to the House Committee on International Relations and the Senate Committee on Foreign Relations, 104th Cong., 2d Sess., 1183 (Joint Committee Print 1996).
In 2005', petitioners filed this action against respondents, the Palestinian Authority and the Palestine Liberation Organization, asserting, inter alia, claims of torture and extrajudicial killing under the TVPA. The District Court granted respondentsâ motion to dismiss, concluding, as relevant, that the Actâs authorization of suit against â[ajn individualâ extended liability only to natural persons. Mohamad v. Rajoub, 664 F. Supp. 2d 20, 22 (DC 2009). The United States Court of Appeals for the District of Columbia Circuit affirmed on the same ground. See Mohamad v. Rajoub, 634 F. 3d 604, 608 (2011) (âCongress used the word âindividualâ to denote only natural personsâ). We granted certiorari, 565 U. S. 962 (2011), to resolve a split among the Circuits with respect to whether the TVPA authorizes actions against defendants that are not natural persons, and now affirm.
II
The TVPA imposes liability on individuals for certain acts of torture and extrajudicial killing. The Act provides:
âAn individual who, under actual or apparent authority, or color of law, of any foreign nationâ
â(1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or
â(2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individualâs legal representative, or to any person who may be a claimant in an action for wrongful death.â §2(a).
The Act defines âtortureâ and âextrajudicial killing,â §3, and imposes a statute of limitations and an exhaustion requirement, §§ 2(b), (c). It does not define âindividual.â
Petitioners concede that foreign states may not be sued under the Act â namely, that the Act does not create an exception to the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. § 1602 et seq., which renders foreign sovereigns largely immune from suits in U. S. courts. They argue, however, that the TVPA does not similarly restrict liability against other juridical entities. In petitionersâ view, by permitting suit against â[a]n individual,â the TVPA contemplates liability against natural persons and nonsovereign organizations (a category that, petitioners assert, includes respondents). We decline to read âindividualâ so unnaturally. The ordinary meaning of the word, fortified by its statutory context, persuades us that the Act authorizes suit against natural persons alone.
A
Because the TVPA does not define the term âindividual,â we look first to the wordâs ordinary meaning. See FCC v. AT&T Inc., 562 U. S. 397, 403 (2011) (â"When a statute does not define a term, we typically give the phrase its ordinary meaningâ (internal quotation marks omitted)). As a noun, âindividualâ ordinarily means â[a] human being, a person.â 7 Oxford English Dictionary 880 (2d ed. 1989); see also, e. g., Random House Dictionary of the English Language 974 (2d ed. 1987) (âa personâ); Websterâs Third New International Dictionary 1152 (1986) (hereinafter Websterâs) (âa particular personâ). After all, that is how we use the word in everyday parlance. We say âthe individual went to the store,â âthe individual left the room,â and âthe individual took the car,â each time referring unmistakably to a natural person. And no one, we hazard to guess, refers in normal parlance to an organization as an âindividual.â Evidencing that common usage, this Court routinely uses âindividualâ to denote a natural person, and in particular to distinguish between a natural person and a corporation. See, e. g., Goodyear Dunlop Tires Operations, S. A, v. Brown, 564 U. S. 915, 924 (2011) (âFor an individual, the paradigm forum for the exercise of general jurisdiction is the individualâs domicile; for a corporation, it is an equivalent place, one in which the corporation is fairly regarded as at homeâ).
Congress does not, in the ordinary course, employ the word any differently. The Dictionary Act instructs that â[i]n determining the meaning of any Act of Congress, unless the context indicates otherwise . . . the wor[d] âpersonâ . . . included] corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.â 1 U. S. C. § 1 (emphasis added). With the phrase âas well as,â the definition marks âindividualâ as distinct from the list of artificial entities that precedes it.
In a like manner, federal statutes routinely distinguish between an âindividualâ and an organizational entity of some kind. See, e. g., 7 U. S. C. § 92(k) (â âPersonâ includes partnerships, associations, and corporations, as well as individualsâ); § 511 (same); 15 U. S. C. § 717a (ââPersonâ includes an individual or a corporationâ); 16 U. S. C. § 796(4) (â â[P]ersonâ means an individual or a corporationâ); 8 U. S. C. § 1101(b)(3) (ââ[Piersonâ means an individual or an organizationâ). Indeed, the very same Congress that enacted the TVPA also established a cause of action for U. S. nationals injured âby reason of an act of international terrorismâ and defined âpersonâ as it appears in the statute to include âany individual or entity capable of holding a legal or beneficial interest in property.â Federal Courts Administration Act of 1992, 18 U. S. C. §§ 2333(a), 2331(3) (emphasis added).
B
This is not to say that the word âindividualâ invariably means ânatural personâ when used in a statute. Congress remains free, as always, to give the word a broader or different meaning.- But before we will assume it has done so, there must be some indication Congress intended such a result. Perhaps it is the rare statute (petitioners point to only one such example, located in the Internal Revenue Code) in which Congress expressly defines âindividualâ to include corporate entities. See 26 U. S. C. § 542(a)(2). Or perhaps, as was the case in Clinton v. City of New York, 524 U. S. 417, 429 (1998), the statutory context makes that intention clear, because any other reading of âindividualâ would lead to an ââabsurdââ result Congress could not plausibly have intended.
There are no such indications in the TVPA. As noted, the Act does not define âindividual,â much less do so in a manner that extends the term beyond its ordinary usage. And the statutory context strengthens â not undermines â the conclusion that Congress intended to create a cause of action against natural persons alone. The Actâs liability provision uses the word âindividualâ five times in the same sentence: once to refer to the perpetrator (i. e,, the defendant) and four times to refer to the victim. See § 2(a). Only a natural person can be a victim of torture or extrajudicial killing. âSince there is a presumption that a given term is used to mean the same thing throughout a statute, a presumption surely at its most vigorous when a term is repeated within a given sentence,â Brown v. Gardner, 513 U. S. 115, 118 (1994) (citation omitted), it is difficult indeed to conclude that Congress employed the term âindividualâ four times in one sentence to refer to a natural person and once to refer to a natural person and any nonsovereign organization. See also § 3(b)(1) (using term âindividualâ six times in referring to victims of torture).
It' is also revealing that the Act holds perpetrators liable for extrajudicial killing to âany person who may be a claimant in an action for wrongful death.â § 2(a)(2) (emphasis added). âPerson,â we have recognized, often has a broader meaning in the law than âindividual,â see Clinton, 524 U. S., at 428, n. 13, and frequently includes nonnatural persons, see, e. g., 1 U. S. C. § 1. We generally seek to respect Congressâ decision to use different terms to describe different categories of people or things. See Sosa v. Alvarez-Machain, 542 U. S. 692, 711, n. 9 (2004). Our construction of âindividualâ to encompass solely natural persons credits Congressâ use of the disparate terms; petitionersâ construction does not.
In sum, the text of the statute persuades us that the Act authorizes liability solely against natural persons.
f â H â
â l
Petitionersâ counterarguments are unpersuasive.
A
Petitioners first dispute that the plain text of the TVPA requires todayâs result. Although they concede that an ordinary meaning of âindividualâ is âhuman being,â petitioners point to definitions of âindividualâ that âframe the term . . . in distinctly non-human terms, instead placing their emphases on the oneness of something.â Brief for Petitioners 18 (citing, e. g., Websterâs 1152 (defining âindividualâ as âa single or particular being or thing or group of being or thingsâ)). Those definitions, however, do not account even for petitionersâ preferred interpretation of âindividualâ- in the Act, for foreign states â which petitioners concede are not liable under the Act â do not differ from nonsovereign organizations in their degree of âoneness.â Moreover, â[w]ords that can have more than one meaning are given content . . . by their surroundings,â Whitman v. American Trucking Assns., Inc., 531 U. S. 457, 466 (2001), and for the reasons explained supra, petitionersâ definition makes for an awkward fit in the context of the TVPA.
Petitioners next claim that federal tort statutes uniformly provide for liability against organizations, a convention they maintain is common to the legal systems of other nations. We are not convinced, however, that any such âdomestic and international presumption of organizational liabilityâ in tort actions overcomes the ordinary meaning of âindividual.â Brief for Petitioners 16. It is true that âCongress is understood to legislate against a background of common-law adjudicatory principles.â Astoria Fed. Sav. & Loan Assn. v. Solimino, 501 U. S. 104, 108 (1991). But Congress plainly can override those principles, see, e. g., id., at 108-109, and, as explained supra, the TVPAâs text evinces a clear intent not to subject nonsovereign organizations to liability.
We also decline petitionersâ suggestion to construe the TVPAâs scope of liability to conform with other federal statutes that petitioners contend provide civil remedies to victims of torture or extrajudicial killing. None of the three statutes petitioners identify employs the term âindividualâ to describe the covered defendant, and so none assists in the interpretive task we face today. See 42 U. S. C. § 1983; 28 U. S. C. § 1603(a) (2006 ed.), § 1605A(c) (2006 ed., Supp. IV); 18 U. S. C. §§2333, 2334(a)-(b), 2337. The same is true of the Alien Tort Statute, 28 U. S. C. § 1350, so it offers no comparative value here regardless of whether corporate entities can be held liable in a federal common-law action brought under that statute. Compare Doe v. Exxon Mobil Corp., 654 F. 3d 11 (CADC 2011), with Kiobel v. Royal Dutch Petroleum Co., 621 F. 3d 111 (CA2 2010), cert. granted, 565 U. S. 961 (2011). Finally, although petitioners rightly note that the TVPA contemplates liability against officers who do not personally execute the torture or extrajudicial killing, see, e. g., Chavez v. Carranza, 559 F. 3d 486 (CA6 2009), it does not follow (as petitioners argue) that the Act embraces liability against nonsovereign organizations. An officer who gives an order to torture or kill is an âindividualâ in that wordâs ordinary usage; an organization is not.
B
Petitioners also contend that legislative history supports their broad reading of âindividual.â But âreliance on legislative history is unnecessary in light of the statuteâs unambiguous language.â Milavetz, Gallop & Milavetz, P. A. v. United States, 559 U. S. 229, 236, n. 3 (2010). In any event, the excerpts petitioners cite do not help their cause. Petitioners note that the Senate Report states that â[t]he legislation uses the term âindividualâ to make crystal clear that foreign states or their entities cannot be sued under this bill under any circumstances.â S. Rep. No. 102-249, p. 7 (1991) (S. Rep.); see also H. R. Rep. No. 102-367, pt. 1, p. 4 (1991) (âOnly âindividuals,â not foreign states, can be suedâ). Yet that statement, while clarifying that the Act does not encompass liability against foreign states, says nothing about liability against nonsovereign organizations. The other excerpts petitioners cite likewise are not probative of the meaning of âindividual,â for they signal only that the Act does not impose liability on perpetrators who act without authority or color of law of a foreign state. See, e. g., id., at 5 (âThe bill does not attempt to deal with torture or killing by purely private groupsâ); S. Rep., at 8 (The bill âdoes not cover purely private criminal acts by individuals or nongovernmental organizationsâ).
Indeed, although we need not rely on legislative history given the textâs clarity, we note that the history only supports our interpretation of âindividual.â The version of the TVPA that was introduced in the 100th Congress established liability against a âperson.â Hearing and Markup on H. R. .1417 before the House Committee on Foreign Affairs and Its Subcommittee on Human Rights and International Organizations, 100th Cong., 2d Sess., 82 (1988). During the markup session of the House Foreign Affairs Committee, one of the billâs sponsors proposed an amendment âto make it clear we are applying it to individuals and not to corporations.â Id., at 81, 87. Counsel explained that it was a âfairly simpleâ matter âof changing the word, âpersonâ to âindividualsâ in several places in the bill.â Id., at 87-88. The amendment was unanimously adopted, and the version of the bill reported out of Committee reflected the change. Id., at 88; H. R. Rep. No. 100-693, pt. 1, p. 1 (1988). A materially identical version of the bill was enacted as the TVPA by the 102d Congress. Although we are cognizant of the limitations of this drafting history, cf. Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U. S. 546, 568 (2005), we nevertheless find it telling that the sole explanation for substituting âindividualâ for âpersonâ confirms what we have concluded from the text alone.
C
Petitioners' final argument is that the Act would be rendered toothless by a construction of âindividualâ that limits liability to natural persons. They contend that precluding organizational liability may foreclose effective remedies for victims and their relatives for any number of reasons. Victims may be unable to identify the men and women who subjected them to torture, all the while knowing the organization for whom they work. Personal jurisdiction may be more easily established over corporate than human beings. And natural persons may be more likely than organizations to be judgment proof. Indeed, we are told that only two TVPAâ plaintiffs have been able to recover successfully against a natural person â one only after the defendant won the state lottery. See Jean v. DorĂ©lien, 431 F. 3d 776, 778 (CA11 2005).
We acknowledge petitionersâ concerns about the limitations on recovery. But they are ones that Congress imposed and that we must respect. â[N]o legislation pursues its purposes at all costs,â Rodriguez v. United States, 480 U. S. 522, 525-526 (1987) (per curiam), and petitionersâ purposive argument simply cannot overcome the force of the plain text. We add only that Congress appeared well aware of the limited nature of the cause of action it established in the Act. See, e. g., 138 Cong. Rec. 4177 (1992) (remarks of Sen. Simpson) (noting that âas a practical matter, this legislation will result in a very small number of casesâ); 137 Cong. Rec. 2671 (1991) (remarks of Sen. Specter) (âLet me emphasize that the bill is a limited measure. It is estimated that only a few of these lawsuits will ever be broughtâ).
* * *
The text of the TVPA convinces us that Congress did not extend liability to organizations, sovereign or not. There are no doubt valid arguments for such an extension. But Congress has seen fit to proceed in more modest steps in the Act, and it is not the province of this branch to do otherwise. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.
It is so ordered.
Justice Scalia joins this opinion except as to Part III-B.
Respondents also argued before the District Court that the TVPAâs requirement that acts be committed under authority or color of law of a foreign nation was not met. Neither the District Court nor Court of Appeals addressed the argument, and we offer no opinion on its merits.
Compare Aziz v. Alcolac, Inc., 658 F. 3d 388 (CA4 2011) (TVPA excludes corporate defendants from liability); Mohamad v. Rajoub, 634 F. 3d 604 (CADC 2011) (TVPA liability limited to natural persons); Bowoto v. Chevron Corp., 621 F. 3d 1116 (CA9 2010) (same as Aziz), with Sinaltrainal v. Coca-Cola Co., 578 F. 3d 1252, 1264, n. 13 (CA11 2009) (TVPA liability extends to corporate defendants).
The parties debate whether estates, or other nonnatural persons, in fact may be claimants in a wrongful-death action. We think the debate largely immaterial. Regardless of whether jurisdictions today allow for such actions, Congressâ use of the broader term evidences an intent to accommodate that possibility.
Petitionersâ separate contention that the TVPA must be construed in light of international agreements prohibiting torture and extrajudicial killing fails for similar reasons. Whatever the scope of those agreements, the TVPA does not define âindividualâ by reference to them, and principles they elucidate cannot overcome the statuteâs text. The same is true of petitionersâ suggestion that Congress in the TVPA imported a âspecialized usageâ of the word âindividualâ in international law. See Brief for Petitioners 6. There is no indication in the text of the statute or legislative history that Congress knew of any such specialized usage of the term, much less intended to import it into the Act.
[CONCURRENCE â Justice Breyer,]
Justice Breyer,
concurring.
I join the Courtâs opinion with one qualificatipn. The word âindividualâ is open to multiple interpretations, permitting it, linguistically speaking, to include natural persons, corporations, and other entities. Thus, I do not believe that word alone is sufficient to decide this case.
The legislative history of the statute, however, makes up for whatever interpretive inadequacies remain after considering language alone. See, e. g., ante, at 459 (describing markup session in which one of the billâs sponsors proposed an amendment containing the word âindividualâ to â âmake it clearââ that the statute applied to ââindividuals and not to corporationsâ â); Hearing on S. 1629 et al. before the Subcommittee on Immigration and Refugee Affairs of the Senate Committee on the Judiciary, 101st Cong., 2d Sess., 65 (1990) (witness explaining to Committee that there would be a âproblemâ with suing an âindependent entity or a series of entities that are not governments,â such as the Palestine Liberation Organization); id., at 75 (allaying concerns that there will be a flood of lawsuits âbecause of the requirement [in the statute] that an individual has to identify his or her precise torture[r] and they have to be both in the United Statesâ); see also ante, at 458-459 (making clear that petitionersâ citations to the legislative history âdo not help their causeâ). After examining the history in detail, and considering it along with the reasons that the Court provides, I join the Courtâs judgment and opinion.