UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN ADMIRALTY ROBERT DEXTER WEIR, et al., Plaintiffs, v. Civil Action No. 19-1708 (TFH) UNITED STATES OF AMERICA, et al., Defendants. MEMORANDUM OPINION The plaintiffs in this case are Jamaican fishermen who the United States Coast Guard detained for 32 days before bringing them to the United States for prosecution in the Southern District of Florida. They challenge the Coast Guard’s treatment of them during their detention on Coast Guard ships. Pending before the Court is the defendants’ motion to dismiss the Complaint on the grounds that all claims raised in the Complaint present a non-justiciable political question. [ECF No. 12]. The plaintiffs have opposed the motion, [ECF No. 16], and the defendants have filed a reply, [ECF No. 18]. I. Background A. Factual Allegations On the night of September 13, 2017, plaintiffs Robert Weir, Patrick Ferguson, Luther Patterson and David Williams left Half Moon fishing village near Falmouth, Jamaica, in the Josette, a 32-foot Jamaican-registered fishing boat. Compl. ¶ 23. The four Jamaican fishermen were headed to retrieve fish traps that Mr. Ferguson had left a few days earlier in the Morant Cays, an island group located in Jamaican territorial waters seven to eight hours from Falmouth. 1 Id. ¶ 23. They planned to spend the day on the cays and return late in the evening on September 14, 2017. Id. ¶ 24. On the boat, they carried fishing gear, overnight bags, Mr. Ferguson’s fighting cock, Jah Roos, and clothes for his two-year old daughter. Id. ¶¶ 25-26. Hours after departing, a storm caused the boat’s main engine to lose power, and the boat drifted off course. Id. ¶ 27. On the morning of September 14, the now-lost crew navigated towards the nearest visible landmass, without realizing that it was Haiti. Id. ¶ 28. Later that morning, officers on the United States Coast Guard Cutter Confidence saw the Josette heading for Haiti. Id. ¶ 29. They suspected the Josette’s crew of drug trafficking. Coast Guard officers intercepted the Josette around noon, and searched the boat for three or four hours. Id. ¶ 30; 36. The officers used an ion-scan detection device, but found no marijuana or traces of marijuana in the Josette or on the crew. Id. ¶ 37. The plaintiffs provided identification, and told the Coast Guard that they were fishermen. Id. ¶ 34-35. The Coast Guard officers then transported the plaintiffs to the Confidence, and killed Jah Roos. Id. ¶ 39. On board the Confidence, officers ordered the plaintiffs to remove their clothes and shoes, confiscated their clothing and overnight bags, and gave them “paper-thin coveralls and a pair of thin, disposable slippers.” Id. ¶ 40-41. They chained the plaintiffs by their ankles to metal cables on the ship’s deck. Id. ¶ 42. The Coast Guard shot a flair at the Josette and “riddled its hull with bullets,” causing the boat to catch fire and sink. Id. ¶ 43. The Confidence sailed for about three days and four ...
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