US Appeals Court Tosses Abu Ghraib Lawsuit Against Contractors
September 11 2009 - 4:37PM
Dow Jones News
A divided federal appeals court ruled Friday that two private
U.S. military contractors could not be sued for allegedly abusing
Iraqis who were detained and interrogated at the Abu Ghraib
prison.
The U.S. Court of Appeals for the District of Columbia Circuit
ruled 2-1 that wartime considerations required lawsuits against
CACI International Inc. (CACI) and L-3 Communications Holdings
Inc.'s (LLL) Titan unit to be thrown out.
"During wartime, where a private service contractor is
integrated into combatant activities over which the military
retains command authority, a tort claim arising out of the
contractor's engagement in such activities shall be preempted,"
Judge Laurence Silberman wrote for the majority.
The Iraqi plaintiffs alleged that they or their relatives were
beaten, electrocuted, raped and subjected to other kinds of abuse
by private contractors working as interpreters and interrogators at
Abu Ghraib.
The dissenting judge in Friday's ruling noted that Presidents
Bush and Obama each condemned the abuses at Abu Ghraib, and he said
the Department of Defense has repeatedly stated that private
contractors accompanying U.S. forces are not within the military's
chain of command.
"No act of Congress and no judicial precedent bars the
plaintiffs from suing the private contractors - who were neither
soldiers nor civilian government employees," Judge Merrick Garland
wrote.
A trial judge had previously dismissed the plaintiffs claims
against Titan but had allowed the case against CACI to proceed.
CACI said in a statement that it did its work at Abu Ghraib with
professionalism and integrity.
"No CACI personnel appeared in any of the notorious photographs
at Abu Ghraib and no one affiliated with the company has been
charged with any wrongdoing," said Paul Cofoni, the company's
president and chief executive. "We have said from day one that
these lawsuits are completely without merit and today's ruling
vindicates that position."
A spokesperson for Titan and a lawyer for the plaintiffs did not
immediately respond to requests for comment.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com