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Supreme Court Rejects Appeal from Alan Gross, Subcontractor Freed From Cuba

Image: Alan Gross
Jailed American Alan Gross poses for a photo during a visit by Rabbi Elie Abadie and U.S. lawyer James L. Berenthal at Finlay military hospital in Havana, Cuba, on Nov. 27. The Maryland-native was imprisoned in December 2009. At the time he was working as a subcontractor on a democracy-building project funded by the U.S. Agency for International Development.James L. Berenthal / AP file
/ Source: NBC News

WASHINGTON — The Supreme Court won't hear an appeal from a former government subcontractor seeking to sue the U.S. government for negligence over his five-year imprisonment in Cuba.

The justices on Monday let stand a federal appeals court ruling that threw out Alan Gross' $60 million lawsuit blaming the federal government for failing to prepare him for the risks of working in Cuba.

Gross was freed in December as the U.S. announced it would re-establish diplomatic relations with Cuba. He was working as a U.S. Agency for International Development subcontractor in Cuba when he was arrested in 2009.

Alan Gross is greeted with hugs after arriving at Joint Base Andrews, Md., Dec. 17, 2014. Gross spent 5 years as a prisoner in Cuba.House.
Alan Gross is greeted with hugs after arriving at Joint Base Andrews, Md., Dec. 17, 2014. Gross spent 5 years as a prisoner in Cuba.House.Lawrence Jackson / The White House

The U.S. Court of Appeals for the District of Columbia Circuit ruled last year that the U.S. government is immune from claims arising in a foreign country.

In a separate case, Gross received $3.2 million in December from the federal government as part of a settlement with the Maryland-based company he worked for at the time of his arrest.

The USAID said it paid Gross to settle claims pending before the Civilian Board of Contract Appeals for unanticipated claims under a cost-reimbursement contract with Development Alternatives Inc. of Bethesda, Maryland.

The USAID said the settlement was not an admission of liability, but was intended to avoid the costs and risks of further legal proceedings.

IN-DEPTH

— The Associated Press