Defendant filed his first motion to dismiss (Dkt. No.21) based on Plaintiff’s original complaint (Dkt. No. 1).Subsequently, Plaintiff filed a First Amended Complaint.(Dkt. No. 27.) Defendant has now moved to dismiss the Amended Complaint. (Dkt. No. 30.) Because the Amended Complaint isnow the operative pleading, the court will focus on thearguments raised in Defendant’s second motion to dismiss.
an attorney, author, and evangelical minister.Plaintiff alleges that in concert with others Defendant-- through actions taken both within the United States and in Uganda -- has attempted to foment, and to a substantialdegree has succeeding in fomenting, an atmosphere of harshand frightening repression against LGBTI people in Uganda.The complaint asserts five counts, three invoking thejurisdiction of the federal Alien Tort Statute, 28 U.S.C. §1350 (“ATS”), and two under state law. Plaintiff seekscompensatory, punitive, and exemplary damages; declaratoryrelief holding that Defendant’s conduct has been inviolation of the law of nations; and injunctive reliefenjoining Defendant from undertaking further actions, and from plotting and conspiring with others, to persecutePlaintiff and the LGBTI community in Uganda.Defendant has filed two motions to dismiss, offering inessence five arguments.
First, the court lacks
Case 3:12-cv-30051-MAP Document 59 Filed 08/14/13 Page 2 of 79