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Full-text: November 9 2001 Schneider, 310 F. Supp. 2d 251 (March 30 2004), subsequently, 412 F.3d 190 (No. 04-5199, June 28 2005) (U.S.-Chile, murder of René Schneider, Oct. 22 1970).

United States District Court for the District of Columbia

Filed, Nov 9 2001, Nancy Mayer Whittington, Clerk U.S. District Court


Civ. No. 01-1902 (HHK)

Rene Schneider, et al.,)
Henry A. Kissinger, et al.,)


I, John Lodge Euler, Acting Director, Torts Branch, Civil Division, United States Department of Justice, acting pursuant to the provisions of 28 U.S.C. § 2679(d)(1), and by virtue of the authority vested in me by Civil Division Directive No. 90-79, reprinted in Appendix to 28 C.F.R. § 15.3 {July 1 2001: 5 kb txt; 25kb.pdf; current rule, § 15.4: 5 kb txt; 25kb.pdf}, hereby certify that I have read the complaint in this action. On the basis of the information now available with respect to the allegations therein, I find that Henry A. Kissinger and Richard M. Helms were acting within the scope of federal office or employment at the time of the incident out of which the plaintiffs’ claims arose.

Dated: 2 November 2001

Signature: John Lodge Euler



John Lodge Euler
Acting Director
Torts Branch, Civil Division
United States Department of Justice {p.2}


Certificate of Service

I hereby certify that on November 9, 2001, I served a true copy of the foregoing Certification of Scope of Employment by first class mail, postage prepaid, addressed to the plaintiffs’ counsel as follows:

Michael E. Tigar, Esq.
1155 Connecticut Avenue, NW, Suite 400
Washington, D.C. 20036


Signature: Richard Montague


Richard Montague


Source: Photocopy of a duplicate original (the Court’s file copy). The U.S. Department of Justice filed this document together with its Motion to Dismiss (according to its footnote 2); the Court Clerk date-stamped it on its back, but did not list it on the docket-sheet.

By CJHjr: Scanned, converted to text (OCR: FineReader 6.0), formatted (xhtml/css), links, text {in braces}.

This case: Schneider v. Kissinger, complaint filed, Sept. 10 2001, refused to adjudicate, 310 F. Supp. 2d 251 (D.D.C., No. 01-CV-01902, March 30 2004), affirmed refusal to adjudicate, 412 F.3d 190 {justia, 64kb.pdf, 64kb.pdf} (D.C. Cir., No. 04-5199, June 28 2005), refused to review refusal to adjudicate, certiorari denied, 547 U.S. __ (U.S., No. 05-743, April 17 2006).

Next: DoJ (initial) Motion to Dismiss (Nov. 9 2001).

Commentary: The murder of René Schneider.

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.


Posted Oct. 16 2003. Updated April 15 2008.


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