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The Court Filing

UNCLASSIFIED//FOR PUBLIC RELEASE
elements: severity and purpose.
“620
police brutality.”
619
These elements serve to distinguish true torture from “mere
The first inquiry is severity. The D.C. Circuit explained, “The critical issue is
“621
the degree of pain and suffering that the alleged torturer intended to, and actually did, inflict upon
the victim. The more intense, lasting, or heinous the agony, the more likely it is to be torture.”
The court gave “sustained systematic beating” and “tying up or hanging in positions that cause
extreme pain” as examples of “extreme, deliberate and unusually cruel practices” that meet the
severity requirement of torture. 622 It is permissible to infer the intent to cause pain from the facts
of the abuse. 623 Courts have characterized treatment milder than that at issue here as torture.
624
(note) [hereinafter TVPA]. TVPA, like § 2340, draws its definition from CAT. See Price, 294
F.3d at 92.
619
Price, 294 F.3d at 92; Warmbier v. Democratic People’s Republic of Korea, 356 F. Supp.
3d 30, 46 (D.D.C. 2018) (“To establish torture, the plaintiffs must show that the conduct was
sufficiently severe and purposeful.”).
620
Price, 294 F.3d at 93.
621 Id.
622 Id. at 92-93 (quoting S. Exec. Rep. No. 101-30, at 14 (1990)); see also Fritz v. Islamic
Republic of Iran, 320 F. Supp. 3d 48, 80 (D.D.C. 2018) (“And, on the other extreme, we know,
for example, that ‘sustained systematic beating… and tying up or hanging in positions that cause
extreme pain’ clearly cross the line.” (quoting Price, 294 F.3d at 93)).
623
Fritz, 320 F. Supp. 3d at 82.
624 See, e.g., Allan v. Islamic Republic of Iran, 2019 U.S. Dist. LEXIS 49541 (D.D.C. Mar. 25,
2019) (describing punches, kicks, sexually assaults, slaps, stress positions, refusal of access to food
and water, denial lavatories, mock executions, threats, and imprisonment in apartments, garages,
and basement prisons as torture).
Filed with TJ
15 May 2019
UNCLASSIFIED//FOR PUBLIC RELEASE
Appellate Exhibit 628 (AAA)
Page 187 of 1205

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Families of killed men file first U.S. federal lawsuit over drug boat strikes

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Families of killed men file first U.S. federal lawsuit over drug boat strikes

President Trump speaks as U.S. Secretary of Defense Pete Hegseth looks on during a meeting of his Cabinet at the White House in December 2025.

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Relatives of two Trinidadian men killed in an airstrike last October are suing the U.S. government for wrongful death and for carrying out extrajudicial killings.

The case, filed in Massachusetts, is the first lawsuit over the strikes to land in a U.S. federal court since the Trump administration launched a campaign to target vessels off the coast of Venezuela. The American government has carried out three dozen such strikes since September, killing more than 100 people.

Among them are Chad Joseph, 26, and Rishi Samaroo, 41, who relatives say died in what President Trump described as “a lethal kinetic strike” on Oct. 14, 2025. The president posted a short video that day on social media that shows a missile targeting a ship, which erupts in flame.

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“This is killing for sport, it’s killing for theater and it’s utterly lawless,” said Baher Azmy, legal director of the Center for Constitutional Rights. “We need a court of law to rein in this administration and provide some accountability to the families.”

The White House and Pentagon justify the strikes as part of a broader push to stop the flow of illegal drugs into the U.S. The Pentagon declined to comment on the lawsuit, saying it doesn’t comment on ongoing litigation.

But the new lawsuit described Joseph and Samaroo as fishermen doing farm work in Venezuela, with no ties to the drug trade. Court papers said they were headed home to family members when the strike occurred and now are presumed dead.

Neither man “presented a concrete, specific, and imminent threat of death or serious physical injury to the United States or anyone at all, and means other than lethal force could have reasonably been employed to neutralize any lesser threat,” according to the lawsuit.

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Lenore Burnley, the mother of Chad Joseph, and Sallycar Korasingh, the sister of Rishi Samaroo, are the plaintiffs in the case.

Their court papers allege violations of the Death on the High Seas Act, a 1920 law that makes the U.S. government liable if its agents engage in negligence that results in wrongful death more than 3 miles off American shores. A second claim alleges violations of the Alien Tort Statute, which allows foreign citizens to sue over human rights violations such as deaths that occurred outside an armed conflict, with no judicial process.

The American Civil Liberties Union, the Center for Constitutional Rights, and Jonathan Hafetz at Seton Hall University School of Law are representing the plaintiffs.

“In seeking justice for the senseless killing of their loved ones, our clients are bravely demanding accountability for their devastating losses and standing up against the administration’s assault on the rule of law,” said Brett Max Kaufman, senior counsel at the ACLU.

U.S. lawmakers have raised questions about the legal basis for the strikes for months but the administration has persisted.

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—NPR’s Quil Lawrence contributed to this report.

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Video: New Video Analysis Reveals Flawed and Fatal Decisions in Shooting of Pretti

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Video: New Video Analysis Reveals Flawed and Fatal Decisions in Shooting of Pretti

new video loaded: New Video Analysis Reveals Flawed and Fatal Decisions in Shooting of Pretti

A frame-by-frame assessment of actions by Alex Pretti and the two officers who fired 10 times shows how lethal force came to be used against a target who didn’t pose a threat.

By Devon Lum, Haley Willis, Alexander Cardia, Dmitriy Khavin and Ainara Tiefenthäler

January 26, 2026

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Tensions escalate in in Minnesota after another killing : Consider This from NPR

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Tensions escalate in in Minnesota after another killing : Consider This from NPR

An image of Alex Pretti is seen at a makeshift memorial in the area where Alex Pretti was shot dead by federal immigration agents in Minneapolis, Minnesota, on January 26, 2026. On January 24, federal agents shot and killed Alex Pretti, a 37-year-old ICU nurse, while scuffling with him on an icy roadway in Minneapolis, less than three weeks after an immigration officer fired on Renee Good, also 37, killing her in her car.

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Tensions escalate in Minneapolis after a second U.S. citizen is killed by immigration officers.

It was a deadly weekend in Minneapolis. 

On Saturday, federal immigration officers fatally shot a 37-year-old ICU nurse and U.S. citizen — Alex Pretti.

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Multiple videos captured the moments before, during and after the shooting.

Federal officials claim Pretti “brandished” a weapon and tried to assault officers as they conducted an immigration enforcement operation.

There is no evidence in the videos, which NPR has verified, that Pretti was ever brandishing his handgun. 

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org. Email us at considerthis@npr.org.

This episode was produced by Henry Larson, Vincent Acovino and Karen Zamora, with audio engineering by Ted Mebane and Damian Herring.

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It was edited by Justine Kenin, Rebekah Metzler, Patrick Jarenwattananon and Courtney Dorning.

Our executive producer is Sami Yenigun.

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