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Kronisch v. United States

United States Court of Appeals for the Second Circuit

January 30, 1998, Argued ; July 9, 1998, Decided

Docket No. 97-6116

Opinion

 [*116]  Jose A. Cabranes, Circuit  [**2]   Judge:

Gloria Kronisch, executrix of the estate of Stanley Milton Glickman ("Glickman" or "plaintiff"), appeals from a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), granting summary judgment in favor of defendants. Glickman brought suit against the United States of America and two officials of the Central Intelligence Agency (the "CIA"), Sidney Gottlieb and Richard Helms, alleging that he was one of the victims of the CIA's program to test the effects of mind-altering drugs, including lysergic acid diethylamide ("LSD"), on unwitting subjects beginning in the early 1950s. Glickman claims that Gottlieb or some other agent of the United States government placed LSD in his drink in a Paris cafe in October 1952. The district court, adopting in full the conclusions of the Report and Recommendation of Magistrate Judge Naomi Reice Buchwald, granted defendants' motion for summary judgment on the bases that plaintiff had failed to establish a genuine issue of material fact as to liability, that his claims were time-barred, and that the court lacked personal jurisdiction over Gottlieb and Helms. We affirm in part, vacate in [**3]  part, and remand.

A. The CIA's Drug-Testing  Programs

The Select Committee to Study Governmental Operations with Respect to Intelligence Activities, chaired by the late Senator Frank Church of Idaho (the "Church Committee"), held hearings in 1975 to investigate various CIA activities, including the testing and use of chemical and biological agents by the intelligence community. The final report of the Church Committee, published in 1976, explained that the CIA was acutely concerned in the late 1940s and early 1950s that the Soviet Union, China, and other Communist countries had used, or were developing the capacity to use, chemical and biological agents and other techniques for purposes of interrogation, brainwashing, and attacks against United States and Allied personnel abroad. See Final Report of the Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 94th Cong., 2d Sess. (Apr. 26, 1976), at 392 ("Church Committee Report"). "Of particular  [*117]  concern was the drug LSD." 2 Id. As described by the Church Committee Report,

In order to meet the perceived threat to national security, substantial programs for [**4]  the testing and use of chemical and biological agents--including projects involving the surreptitious administration of LSD to unwitting nonvolunteer subjects at all social levels, high and low, native American and foreign--were conceived, and implemented. These programs resulted in substantial violations of the rights of individuals within the United States.

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150 F.3d 112 *; 1998 U.S. App. LEXIS 29363 **

Gloria Kronisch, Executrix of the Estate of Stanley Milton Glickman, Plaintiff-Appellant, v. United States of America, Sidney Gottlieb, in his individual and in his official capacities, Richard Helms, in his individual and in his official capacities, and John Does, unknown agents of the Central Intelligence Agency, Defendants-Appellees.

Subsequent History:  [**1]  As Revised November 18, 1998.

Prior History: Appeal from judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), granting summary judgment for defendants. Plaintiff alleges that he is one of the victims of tests conducted by the Central Intelligence Agency in the 1950s in which lysergic acid diethylamide was administered to unsuspecting persons.

Original Opinion Previously Reported at: 1998 U.S. App. LEXIS 15189.

Disposition: Affirmed in part, vacated in part, and remanded.

CORE TERMS

testing, destruction, destroyed, documents, adverse inference, drugged, drink, unwitting, files, district court, interrogations, cafe, hearings, untimely, personal jurisdiction, clubfoot, records, destroy evidence, summary judgment, experiment, inasmuch, accrue, plaintiff's claim, administered, unsuspecting, alleges, watched, summary judgment motion, statute of limitations, defendants'

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