Underhill v. Hernandez

holding that "the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory" | holding that the acts of defendant military commander in detaining the plaintiff “were the acts of the government of Venezuela, and as such are not properly the subject of adjudication in the courts of another government” | recognizing "[t]he immunity of individuals from suits brought in foreign tribunals for acts done within their own states, in the exercise of governmental authority ... as civil officers" | holding that the alleged acts of the defendant military commander in detaining the plaintiff “were the acts of the government of Venezuela, and as such are not properly the subject of adjudication in the courts of another government” (quotation marks omitted) | holding, in a suit by a private citizen against a foreign state’s military officer, that the act-of-state doctrine barred a challenge to the state’s military operations | holding suit for damages arising from plaintiffs military detention not subject to adjudication because the acts were those of a military commander representing a foreign government and were, therefore, acts of the government itself | recognizing “[t]he immunity of individuals from suits brought in foreign tribunals for acts done within their own states, in the exercise of governmental authority . . . as civil officers” | shielding Venezuelan military commander from liability for wrongs inflicted against American citizen during Venezuelan revolution | applying act of state doctrine because “the acts of the defendant [a Venezuelan military official] were the acts of the government of Venezuela” | dismissing under the act-of-state doctrine suit in which the plaintiff alleged that he had been unlawfully detained and assaulted by revolutionary forces that the United States later recognized as Venezuela’s government | applying the act of state doctrine to an official government expropriation decree | Act of State doctrine precluded deciding the tortiousness of the “acts of a military commander representing the authority of the revolutionary party as a government” | same; “[t]he acts complained of were the acts of a military commander representing the authority of the revolutionary party.” | "It is idle to argue that the proceedings of those who triumphed [in a political revolution] should be treated as the acts of baditti, or mere mobs.” | “Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.” | “Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.” | “Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.” | “Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.” | “Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.” | “Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another done within its territory.” | characterizing exclusion of aliens as a sovereign governmental act | detention ordered by military commander of revolutionary government of Venezuela | extension of boundaries as to territorial waters | detention of person by sovereign official | recounting history of the doctrine