Friday, April 23, 2010

No. 09-13855. United States Court of Appeals, Eleventh Circuit.
April 16, 2010.

Before DUBINA, Chief Judge, MARCUS and FAY, Circuit Judges


"The ATCA is not only a jurisdictional statute, but it also "provides a cause of action for the modest number of international law violations with a potential for personal liability at the time of its enactment." Aldana v. Del Monte Fresh Produce, N.A., Inc., 416 F.3d 1242, 1246 (11th Cir. 2005) (internal quotation marks and alterations omitted). To state a claim for relief under the ATCA, a plaintiff must prove a prima facie case that he is "(1) an alien, (2) suing for a tort, which was (3) committed in violation of international law." Id. We have previously held that non-torture claims of cruel, inhuman, and degrading treatment or punishment are not cognizable under the ATCA. Id. at 1247.

Because we are bound by our prior precedent unless and until it is overturned by this Court en banc or by the U.S. Supreme Court, see United States v. Vega-Castillo, 540 F.3d 1235, 1236 (11th Cir. 2008), cert. denied, 129 S. Ct. 2825 (2009), we affirm the district court's dismissal of Diaz's claims in relation to the . . . the ATCA."