Buckland v Hessen

In Backlund v. Hessen, 904 F.Supp. 964, 971 (D. Minn 1995) the court held that "Plaintiff refers to article 2 of the Universal Declaration of Human Rights and articles 2 and 26 of the International Covenant on Civil and Political Rights as giving rise to a claim for discrimination and cites for support Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir.1980). Filartiga concerned a tort claim by an alien arising under 28 U.S.C. § 1350 which gives district courts original jurisdiction over a claim brought by an alien in tort alleging violation of the law of nations or a U.S. treaty. Plaintiff's claim is not in tort and does not arise under 28 U.S.C. § 1350. Filartiga cannot be read so as to recognize jurisdiction over international law-based claims not arising under 28 U.S.C. § 1350. Plaintiff provides no legal support and this Court has found none indicating that he has a claim in federal court for a violation of either the Universal Declaration or the International Covenant. Courts have declined to recognize that federal question jurisdiction under 28 U.S.C. § 1331 gives federal courts jurisdiction over a claim for a violation of international law. Xuncax v. Gramajo, 886 F.Supp. 162,"