U.S. Judge Allows Abu Ghraib Lawsuit Against Private Iraq Contractor

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Judge Allows Abu Ghraib Lawsuit Against Contractor

By Josh White
Washington Post Staff Writer
Wednesday, November 7, 2007; Page A13

A federal judge in Washington ruled yesterday that a civil lawsuit alleging abuse and torture at the Abu Ghraib prison in Iraq can go forward against a U.S. military contractor, setting the stage for what could be the first case in a U.S. civilian court to weigh accountability for the notorious abuses in 2003.

U.S. District Judge James Robertson denied CACI International's motion to dismiss a civil lawsuit on behalf of more than 200 Iraqis who at one time were detained at the Abu Ghraib prison. The Iraqis allege that the contracted CACI interrogators took part in abuses and that the company should be held liable for the harm inflicted on the detainees.

Attorneys for the Arlington-based CACI have argued the company should be immune from such a lawsuit because it worked at the behest of the U.S. military, but Robertson said he believes a jury should hear the case, in part because CACI had its own chain of command and might not have answered directly to the military.

Legal experts said the decision could affect other U.S. contractors alleged to have harmed Iraqi civilians, even if the U.S. government is unable or unwilling to prosecute individuals in U.S. criminal courts. The decision could set a precedent for how the courts deal with cases such as the Blackwater shootings of Iraqi civilians in September.

"A military contractor is going to have to think twice about the arrangements it works out with the government when it is brought in to play a role the military has typically played," said David Remes, a Washington lawyer who has represented Guantanamo Bay detainees. "The decision shows that companies like Blackwater are at risk."

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http://www.washingtonpost.com/wp-dyn/content/article/2007/11/06/AR2007110602025.html