Warfaa v. Ali, No. 19-1668 (4th Cir. 2021)Annotate this Case
After the district court entered judgment against defendant on plaintiff's claim of torture under the Torture Victim Protection Act of 1991 (TVPA), defendant challenged the district court's grant of partial summary judgment in favor of plaintiff on defendant's statute of limitations defense.
The Fourth Circuit affirmed the district court's judgment, concluding that the district court did not err in granting partial summary judgment against defendant on his statute of limitations defense where equitable tolling applied to plaintiff's claims. In this case, the district court did not err in determining that plaintiff's unrebutted evidence demonstrated extraordinary circumstances justifying equitable tolling where plaintiff presented credible evidence that he lacked realistic access to a legal remedy during and after the Barre regime in Somalia given the absence of a functioning government, widespread chaos and violence, and the risk of reprisal. Therefore, plaintiff satisfied his burden of showing the appropriateness of equitably tolling the limitations period until at least 1997.