Estate of Robert Otis Fuller.
The Republic of Cuba
under the Foreign Sovereign Immunities Act
Robert Fuller was part of an invasion force
sent to Cuba under the direction of Rolando Masferrer]
IN THE CIRCUIT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 02-12475
LYNITA FULLER CASKEY, as
Personal Representative of the
Estate of ROBERT OTIS FULLER,
Deceased, on behalf of Lynita Fuller
Caskey, surviving daughter, and The
Estate of Robert Otis Fuller.
THE REPUBLIC OF CUBA
Plaintiff, LYNITA FULLER CASKEY, as Personal Representative
Estate of ROBERT OTIS FULLER ("BOBBY FULLER") Deceased, on
Lynita Fuller Caskey, surviving daughter, and The Estate of
Fuller, through undersigned counsel, hereby sues the
REPUBLIC OF CUBA ("CUBA") and alleges as follows:
1. This is an action for damages in excess of the
minimum jurisdictional limits of this Court.
2. Plaintiff, LYNITA FULLER CASKEY is, and at all
hereto was a national of the United States of America and a
3. Defendant, CUBA is, and at all times material
hereto was, a
foreign sovereign state as defined by the terms and
provisions of 28
4. At all times material hereto, Plaintiff LYNITA
was, is and/or will be duly appointed Personal
Representative of the
Estate of ROBERT OTIS FULLER, Deceased, and the proper party
5. This court has jurisdiction over the subject matter
cause pursuant to the terms of 28U.S.C. 1330 and
Plaintiff's claims are brought pursuant to the Foreign
Immunities Act, 28 U.S.C. 1602, et seq.
6. Defendant CUBA is subject to suit in a court of
jurisdiction in any state court in the United States
pursuant to the
provisions of 28U.S.C. 1605.
7. Congress has crafted an exception to the Foreign
Immunities Act, through the Anti-Terrorism and Effective
Act of 1996 ("AEDPA"). Under 28 U.S.C.
sovereign immunity of a foreign state is waived when a U.S.
Plaintiff seeks money damages in United States courts for
extrajudicial killing for which the foreign state is
8. The substantive cause of action is based upon the
Liability for Acts of State Sponsored Terrorism,
1605. Said statute creates a cause of action against
agents of a
foreign state that act under the conditions specified in
1605(a)(7) of the Foreign Sovereign Immunities Act.
9. An additional substantive claims lies in the
Protection Act of 1991. Said Act establishes a civil
recovery of damages from an individual who, under actual or
authority of a foreign nation, engages in torture or
10. A foreign nation is liable for damages to the
legal representative, or to any person who may be a claimant
action for wrongful death. For purposes of this Act,
"extrajudicial killing" means a deliberate killing not
authorized by a
judgment pronounced by a regularly constituted court
affording all the
judicial guarantees which are recognized as indispensable by
peoples. See 28U.S.C. 1605(e)(1).
11. Summary executions are considered "extrajudicial
within the meaning of 28 U.S.C. 1350. See
Aristide, 844 F.Supp.128(E.D.N.Y.1994)(dicta).
12. Defendant, Cuba is designated to be a state
terrorism under the terms and provisions of 56(j) of Export
Administration Act of 1979, 50U.S.C. 2405(j).
FACTS OF THE CASE
13. In 1903, Jennie M. Fuller, (paternal grandmother
Plaintiff), moved to Holguin, Cuba with her family from
Her father, Alvin Jewett purchased and develop certain land
other assets and personal properties in Holguin, Cuba
including but not
Plantation at Holguin, Cuba consisting of approximately 120
of land and improvements thereof-(approximately 4,000 acres
A saw mill, equipment, livestock (cattle) crops,
A sugar cane business and other personal property.
The family owned and operated a saw mill, they raised crops,
cattle and grew sugar cane on the island.
14. Jennie M. (Jewett) Fuller, (paternal grandmother
Plaintiff), married William Otis Fuller in 1925, (both
citizens) and had seven children, including the Plaintiff's
Robert Otis Fuller all of which were born in Cuba.
was born on May 11, 1934 in Santiago de Cuba.
15. The Fuller family assets and properties located in
Cuba were jointly owned by Plaintiff's paternal
grandparents, Jennie M.
Fuller and William Otis Fuller, her husband, and by
paternal uncle, Miles Chester Jewett.
16. On July 21, 1940, the family formed a corporation
Agricola De Lewiston, S.A., a Cuban Corporation. All
assigned to Cia. Agricola De Lewiston, S.A., which was
created for the
specific purpose of carrying on and/or conducting the family
in Cuba. The Cuban Corporation conducted business in
continuously from July 21, 1940 until August of 1959.
17. In January of 1959, Fidel Castro and his 26th of
Communist revolutionary rebel army movement took power over
began to radically alter the economy and social structure of
18. By May of 1959 the Castro government restricted or
the maximum limits of land ownerships allowed for
corporate entities. All additional or excess
land was expropriated or confiscated by the
thereafter, all lands were nationalized and became "state
19. In August of 1959, the Castro Government ordered
that the Fuller family corporation be dissolved.
20. By September 3, 1959, the family corporation, Cia
Lewiston, S.A. was formally dissolved pursuant to orders of
government at which time the family distributed the
among its stockholders as follows:
Mr. & Mrs. William Otis Fuller
68.994 caballerias of land/ 2,287.97 acres
Mr. & Mrs. Miles Chester Jewett 58.730 caballerias of
land/ 1,947.60 acres.
(1 caballeria equals 33.162 acres)
21. By December of 1959, the Cuban Communist
Revolution was in
full force and the survival of existing businesses and
were threatened. Due to the foregoing, the late
Fuller returned to the U.S. while Jennie M. Fuller, his wife
in Cuba to look over and protect the Fuller family land and
22. As of February of 1960, the Fuller's land,
property, and saw
mill including all of it's improvements, livestock, personal
and other items of personal value situated on the property,
intervened, and/or confiscated by the Castro Government.
23. Subsequently thereafter, the Plaintiff's father,
Fuller, ventured to Cuba in an effort to protect his
businesses and other interests.
24. On October 15, 1960, Bobby Fuller (ex-U.S. Marine)
another American and two Cuban nationals, were captured and
Castro agents who charged them with counter-revolutionary
activities. By 4:00 P.M. on the same day, Bobby Fuller
three others were placed in a sham trial held in Santiago de
Cuba. They were all convicted within a few hours
followed by an
immediate appeal which took less than fifteen minutes.
were instantaneously imposed and upheld as follows:
The two Cuban Nationals were sentenced to imprisonment.
The two Americans were sentenced to death by firing squad.
[For the sentences of remainder of the invasion force, see
25. By 4:20 A.M.-October 16, 1960, less than twenty
after his capture and arrest, agents of the Castro
Government in San
Juan Hill, acting under orders of the Castro Government, led
Fuller to a firing squad where he was shot and killed after
tortured by having his blood drained from his body.
his body was thrown into an unmarked mass grave in an
COUNT 1-WRONGFUL DEATH
26. Plaintiff re-alleges and reasserts paragraphs 1
through 26 as if fully set forth herein.
27. On October 16, 1960, Defendant, CUBA
unlawfully, and with complete disregard for human life,
executed ROBERT OTIS FULLER.
28. Defendant, CUBA caused the deliberate and wrongful
ROBERT OTIS FULLER by directing and participating in the
execution of the deceased.
29. As a direct and proximate result of the
Lynita Fuller Caskey, as surviving daughter and Estate of
Fuller have suffered the following damages:
a. Lynita Fuller Caskey, as surviving daughter, has
support and services of the Decedent, Robert Otis Fuller in
with interest and will continue to suffer such losses in the
b. Lynita Fuller Caskey, as surviving daughter, has
loss of the father's love companionship and protection in
the past will
continue to suffer such a loss in the future.
c. Lynita Fuller Caskey, as surviving daughter, has
severe mental pain and anguish in the past and will continue
to do so
in the future.
d. The Estate of Robert Otis Fuller lost net
accumulations and sustained economic losses, and;
e. The Estate of Robert Otis Fuller also seeks
the pain and suffering of Robert Otis Fuller prior to his
f. Any and all other damages to which Plaintiff may be
WHEREFORE, Plaintiff, LYNITA FULLER CASKEY demands judgment
REPUBLIC OF CUBA for compensatory damages, plus interest and
COUNT II-PUNITIVE DAMAGES.
30. Plaintiff realleges and reasserts paragraph 1
through 26 as if fully set forth herein.
31. The extreme and outrageous acts of CUBA, the
intentionally torturing and executing the deceased, ROBERT
constitute willful and/or wanton
32. Pursuant to 28U.S.C. 1606, Plaintiff, Lynita
Caskey is entitled to recover punitive damages from
Defendant, CUBA for
this extreme and outrageous conduct.
WHEREFORE, Plaintiff demands judgment against THE REPUBLIC
OF CUBA for punitive damages.
JOHN S. GAEBE & ASSOCIATES, P.A.
Counsel for Plaintiff
2950 S.W. 27th Avenue
Miami, FL 33133
Phone (305) 445-3800
Fax (305) 448-5800
RASCO REININGER, PEREZ
& ESQUENAZI, P.L.
Counsel for Plaintiff
283 Catalonia Avenue, 2nd Floor
Coral Gables, FL 33134
Phone (305) 476-7100
Fax (305) 476-7102
JOHN S. GAEBE, ESQ.
Fla Bar No. 304824
ALFONSO PEREZ, ESQ.
Fla. Bar No. 220620
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