Detainees Can Sue U.S. Contractor Over Alleged War Crimes at Abu Ghraib Prison
Four individuals who say they were tortured while held prisoner at the Abu Ghraib detention facility in Iraq can sue a U.S. defense contractor whose employees allegedly participated in the claimed war crimes, a federal judge has ruled.
In an opinion released today, U.S. District Judge Gerald Bruce Lee rejected arguments by defendant CACI International Inc. that the intelligence-gathering defense contractor’s actions there were beyond judicial review, reports the Associated Press. The Alexandria, Va., federal case is similar to another one against CACI, in Washington, D.C., that is now on appeal, the news agency notes.
“The court holds that plaintiffs’ claims are justiciable,” Lee says in his written opinion, “because civil tort claims against private actors for damages do not interfere with the separation of powers” provisions of the U.S. Constitution, reports Bloomberg.
Lee also notes in the opinion that he finds it ironic that CACI would make a national security argument, on the one hand, against trying the torture case because this would require revealing classified information, yet file defamation litigation against a radio host’s comments about alleged CACI atrocities, the AP reports.
Attorney William Koegel, who represents CACI, says Lee could still dismiss the case prior to trial, as more facts are discovered. “Judge Lee’s decision is far from the last chapter,” Koegel tells the news agency.
A subsequent Associated Press article reports on a CACI press release about the judge’s decision. It describes the claims made against the company in the lawsuit as “outrageous” and vows to take all legal alternatives to defend the company’s good name.
“The court’s ruling cannot obscure the fact that none of the four Iraqi plaintiffs alleges any interaction with anyone affiliated with CACI,” the release states. “Rather, their entire action is based upon an undefined ‘conspiracy’ involving the Department of Defense and the military.”
The case involves allegations of torture, war crimes and civil conspiracy.
Related coverage:
ABAJournal.com (2007): “Iraq Prison-Abuse Suit Against Contractor Allowed”
Updated at 8:15 p.m. on March 23 to include information from CACI in subsequent Associated Press article.
