96 CIVIL COMPLAINT AGAINST LIBYA ET AL FOR THE BOMBING OF FLIGHT 103
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Civil Action No. 96 2077

COMPLAINT

JURY TRIAL DEMANDED TO EXTENT
PERMITTED BY LAW

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

DENICE H. REIN, Individually and as Executrix of the Estate of MARK ALAN 
REIN, deceased, 

et al.

Plaintiffs,

v.

THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, THE LIBYAN EXTERNAL 
SECURITY ORGANIZATION, a/k/a JAMAHIRIYA SECURITY ORGANIZATION, a/k/a 
JSO, LIBYAN ARAB AIRLINES, LAMEN KHALIFA FHIMA, a/k/a A AL AMIN KHALIFA 
FHIMA, a/k/a MR. LAMIN, and ABDEL BASSET ALI AL-MEGRAHI, a/k/a ABDEL 
BASET ALI MOHMED, a/k/a ABDEL BASET ALI MOHMED AL MEGRAHI, a/k/a MR. 
BASET, 

Defendants.

Plaintiffs, by their attorneys Kreindler & Kreindler, as and for their 
Complaint, hereby allege: 

1. Plaintiffs are Survivors as well as Executors, Administrators or 
Personal Representatives of the Estates of persons who were killed while 
passengers on Pan American World Airways Flight 103 on December 21, 1988 
(hereinafter "Flight 103"). 

2. Defendant The Socialist People's Libyan Arab Jamahiriya (hereinafter 
"Libya") is a foreign state and government with jurisdiction over lands 
located on the Mediterranean coast of North Africa. 

3. The Libyan External Security Organization, a/k/a Jamahiriya Security 
Organization (hereinafter "JSO") is an intelligence and operational 
entity which operates separately from, but is an agency, instrumentality 
and/or organ of the Libyan government. 

4. Defendant Libyan Arab Airlines (hereinafter "LAA") is an air carrier 
which is a separate corporate entity that operates as an agency, 
instrumentality and/or organ of the Libyan government, and which is 
majority-owned by the Libyan government. 

5. Defendants LAMEN KHALIFA FHIMA, a/k/a A AL AMIN KHALIFA FHIMA, a/k/a 
MR. LAMIN, (hereafter referred to as "Fhima"), and ABDEL BASSET ALI AL-
MEGRAHI, a/k/a ABDEL BASET ALI MOHMED, a/k/a ABDEL BASET ALI MOHMED AL 
MEGRAHI, a/k/a MR. BASET, (hereafter referred to as "Megrahi"), are 
natural persons, subjects and citizens of the defendant Libya and agents 
and employees of the defendants Libya and JSO who, while acting in the 
scope of their agencies and employments, took conscious and affirmative 
steps to and did in fact place an explosive device on Flight 103. 

JURISDICTION AND VENUE

6. Subject matter jurisdiction exists under 28 U.S.C. Section 1330 and 
28 U.S.C. Section 1331 in that plaintiffs' claims are brought pursuant 
to the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1602 et seq., 
and pursuant to the Alien Tort Act, 28 U.S.C. Section 1350. 

7. Venue in this action properly lies in this District Court pursuant to 
28 U.S.C. Section 1391 (f) and pursuant to order of the Judicial Panel 
on Multidistrict Litigation dated April 4, 1989, Docket No. MDL 799, 
captioned In re Air Disaster at Lockerbie, Scotland on December 21, 
1988. 

AS AND FOR A FIRST CAUSE OF ACTION FOR WRONGFUL DEATH

8. On December 21, 1988, decedents were passengers on board Flight 103, 
which departed from Heathrow Airport, London, England and was scheduled 
to arrive at John F. Kennedy International Airport in New York, New 
York. 

9. At or about 1903 hours Greenwich Mean Time, an explosion occurred in 
the forward baggage compartment of Flight 103, causing the aircraft to 
disintegrate in mid-air and crash to the ground in and around Lockerbie, 
Scotland. 

10. All two hundred forty-three passengers and sixteen crew members, 
including among them the decedents of all plaintiffs herein, perished as 
a result of the explosion and consequent crash. 

11. The destruction of Flight 103 and deaths of plaintiffs' decedents 
were caused by a wilful and deliberate act of extrajudicial killing and 
aircraft sabotage, in that the explosion on the aircraft was caused by 
the detonation of a bomb that was deliberately placed upon the aircraft 
by the defendants and others acting at their behest (hereafter referred 
to as "terrorists"). 

12. Defendants Fhima and Megrahi were among the group of terrorists 
personally responsible for the destruction of Flight 103 and the deaths 
of its passengers and crew. 

13. Defendant Libya provided material support and resources to the 
terrorists, in that Libyan government agents and officials, acting in 
the scope of their offices, provided the terrorists with money, labor, 
intelligence information, equipment, and supplies, including electronic 
timing devices, electronic blasting caps and detonators, and explosives. 

14. In addition, defendant Libya is vicariously responsible for any 
liability of co-defendants because defendant Libya controlled and acted 
in concert with the co-defendants in accomplishing the destruction of 
Flight 103. 

15. Defendant JSO and its agents and employees were among the terrorists 
directly responsible for the bombing of Flight 103, and JSO cooperated 
with and assisted the terrorists, and/or provided material support and 
resources to them, in that it provided them with money, labor, 
intelligence information, equipment and supplies. 

16. Libya's national and state-owned airline, defendant LAA, also 
provided material support and resources to the terrorists responsible 
for the bombing of Flight 103, in that its agents and officials, acting 
in the scope of their offices and agency, furnished the terrorists with 
transportation of their persons and of materials, and furnished storage 
facilities, baggage documents, access to airport facilities including 
baggage handling systems, and other assistance, with the knowledge that 
such would materially assist them in carrying out the Flight 103 
bombing. 

17. Defendants' conduct constituted a common law assault and battery 
under governing law, and defendants would be liable for the injuries 
suffered by each of the decedents, had decedents not died. 

18. Defendants are liable to the decedents' estates and survivors for 
compensatory and punitive damages. 

19. The Foreign Sovereign Immunities Act, at 28 U.S.C. Section 
1605(a)(7), creates or provides for a cause of action in favor of all of 
the plaintiffs in this action who are United States nationals, against 
the defendants for their acts of torture, extrajudicial killing, 
aircraft sabotage and provision of material support and resources 
therefor. 

20. Defendants' conduct also constitutes a violation of international 
law. 

21. The Alien Tort Act, 28 U.S.C. Section 1350, creates a cause of 
action in favor of plaintiffs in this action who are not nationals of 
the United States, and against the defendants for their violation of 
international law in torturing and killing the passengers and crew of 
Flight 103. (Said plaintiffs are indicated by an asterisk in the caption 
of this complaint). 

22. The Torture Victim Protection Act, 28 U.S.C. Section 1350, note, 
creates a cause of action for all plaintiffs in this action against the 
defendants, for the torture and extrajudicial killing of the decedents. 

23. The plaintiffs and the estates of each decedent are entitled to 
recover wrongful death damages, including pecuniary losses, and damages 
for loss of support, consortium, society, companionship, prospective 
inheritance, care, love, guidance, training, education, and services, 
and damages for grief and mental anguish, moral damages, burial expenses 
and other damages. 

24. By reason of the foregoing, defendants are liable to each plaintiff 
and each decedent's estate in the sum of TWENTY MILLION ($20,000,000) 
DOLLARS. 

AS AND FOR A SECOND CAUSE OF ACTION FOR SURVIVAL DAMAGES

25. Plaintiffs repeat the allegations of paragraphs 1-22 as if fully set 
forth at length. 

26. Before their deaths, decedents suffered conscious pain and suffering 
and fear of their impending deaths, entitling them Lo compensatory 
damages under governing law. 

27. By reason of the foregoing, defendants are liable to each of the 
decedent's estates in the sum of ONE MILLION ($1,000,000) DOLLARS. 

AS AND FOR A THIRD CAUSE OF ACTION FOR PUNITIVE DAMAGES

28. Plaintiffs repeal the allegations of paragraphs 1-22 as if fully set 
forth at length. 

29. For the reasons stated above, and pursuant to 28 U.S.C. Section 
1606, defendants JSO, LAA, Fhima and Megrahi each are liable to the 
plaintiffs for punitive damages in the amount of TWO BILLION ($ 
2,000,000,000) DOLLARS. 

WHEREFORE, each plaintiff and estate demands judgment on the First Cause 
of Action against defendants in the sum of TWENTY MILLION ($20,000,000) 
DOLLARS, and each estate demands judgment on the Second Cause of Action 
against defendants in the sum of ONE MILLION ($1,000,000) DOLLARS, and 
all plaintiffs demand judgment on the Third Cause of Action in the total 
sum of TWO BILLION ($2,000,000,000) DOLLARS against each defendant, plus 
interest, costs, and any further relief that this Court may find just 
and proper. 

Respectfully submitted,

KREINDLER & KREINDLER
By: Lee S. Kreindler (LK 4362),
Attorney of Record

Steven R. Pounian
James P. Kreindler
100 Park Avenue
New York, New York 10017
(212) 687-8181
Attorneys for Plaintiffs

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