Forras v. Rauf, No. 14-7070 (D.C. Cir. 2016)
Annotate this CaseDefendant and others in New York City sought to build an Islamic community center and mosque in lower Manhattan, a few blocks from the site of the World Trade Center attacks of September 11, 2001. Plaintiff, a former New York firefighter filed suit, against defendant alleging that the plan to build a mosque and community center near the World Trade Center site constituted a nuisance, intentional and negligent infliction of emotional distress, and assault. Larry Klayman represented plaintiff in that lawsuit. Defendant, through his attorney Adam Bailey, filed a motion to dismiss the complaint, which was granted. Then plaintiff and his his counsel, Klayman, filed suit against Bailey, alleging infliction of emotional distress caused by the statements Bailey made in dismissal papers filed in New York Supreme Court and the reporting of one of those statements in the New York Post. Klayman and plaintiff voluntarily dismissed that suit and then filed the present action against Bailey. Bailey filed a motion to dismiss on multiple grounds. The court concluded that, under controlling circuit precedent, the complaint makes no plausible allegation of personal jurisdiction over Bailey, and the district court should have promptly dismissed the case on that basis. However, because the district court dismissed the case, the court can affirm the district court’s judgment on the alternative ground that it lacked jurisdiction.
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