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United States: District of Columbia Court of Appeals Decision in Caravel Office Building and Hynning v. Peruvian Air Attache (Personal Diplomatic Immunity; Sovereign Immunity; Commercial Lease of Office Space)

REILLY, Chief Judge: This is an appeal by lessors of a Connecticut Avenue office building from an order of the Superior Court dismissing an action against the Peruvian Air Attache for breach of a lease. Dismissal was predicated upon a finding that both defendants, the Air Attache and the Ambassador of Peru, as accredited diplomats, were immune from suit under the provisions of §§252-254 of Title 22 of the United States Code. We reverse. 1 The lessors do not appeal from the dismissal of the codefendant, the Ambassador. Thus we need not concern ourselves with the question of whether the trial court lacked jurisdiction under 28 U.S.C. § 1251, which vests the United States Supreme Court with original and exclusive jurisdiction over suits against Ambassadors or other public Ministers of foreign states. It has been held that the grant of jurisdiction in Article 3, Section 2, of the Constitution was not necessarily exclusive. Ames v. Kansas, 111 U.S. 449 (1884).