Penn State International Law Review

First Paragraph

On the night of October 29, 1993, several members of the U.S. luge team went to a pub to celebrate a teammate's birthday. The team was in Oberhof, Germany, a small town about 150 miles southwest of Berlin, to train for the World Cup tour and the 1994 Winter Olympic games. Shortly after arriving at the bar, Duncan Kennedy was alerted to the possibility of trouble when two skinheads motioned to the Americans. Thus, Kennedy suggested to Robert Pipkins, his African-American roommate, that they should leave the pub. Just as the group was preparing to leave, a group of fifteen skinheads marched into the pub wearing leather boots and jackets adorned with swastikas. The skinheads moved behind Pipkins and began making monkey sounds while shouting "Nigger raus [get out]." Several of Pipkins' teammates hustled him outside while Kennedy tried to facilitate the escape by blocking the door. The skinheads approached Kennedy chanting "Sieg Heil, Heil Hitler" and drove him out to the pub's parking lot. After being surrounded by the skinheads, Kennedy was punched and kicked several times. As a result, Kennedy suffered facial and body cuts and bruises to his rib cage.