Marvin R. Broadbent v. Organization of American States

LEVENTHAL, Circuit Judge:

This is an appeal from a District Court judgment dismissing an action by the appellants 1 claiming they had been improperly discharged by the Organization of American States (OAS). The district court held that OAS was absolutely immune from suit. 2 We affirm on the ground that, even assuming for discussion the applicability of the lesser, “restrictive” immunity doctrine, which permits a lawsuit based on “commercial” activity to be maintained against a sovereign without its consent, this case does not present such “commercial” activity.

I. BACKGROUND

The…