IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Suhail Najim Abdullah
Al Shimari, et al.,
CACI Premier Technology, Inc.
and CACI International,
The fourth issue is whether the Alien Tort
Statute ("ATS") provides a basis for this Court to exercise
original jurisdiction over tort claims against government
contractor civilian interrogators.
The fifth issue is whether
Plaintiffs' allege sufficient facts to support their claims
against Defendants under the theory of respondeat superior.
sixth issue is whether Plaintiffs' sufficiently allege
liability where they fail to specifically identify
the individuals involved in the conspiracy.
The seventh issue is
whether Plaintiffs' have alleged sufficient facts to show that
Defendants' employees caused Plaintiffs' injuries.
The Court denies Defendant's Motion to Dismiss on all
grounds except the Court grants the Motion to the extent that
Plaintiffs' claims rely upon ATS jurisdiction.
The Court holds
that Plaintiffs' claims are justiciable because Defendants are
private corporations and civil tort claims against private actors
for damages do not interfere with the separation of powers
between the executive branch and the judiciary.
Court finds that Defendants are not entitled to immunity at the
dismissal stage because discovery is necessary to determine both
the extent of Defendants' discretion in interaction with
detainees and to weigh the costs and benefits of granting
Defendants immunity in this case.
Third, the Court holds that
Plaintiffs' claims are not preempted by the combatant activities
exception at this stage because the parties must conduct
discovery to determine whether the interrogations here constitute
"combatant activities" within the meaning of the exception.
Fourth, the Court finds that Plaintiffs' claims are dismissed to
the extent that they rely upon ATS jurisdiction because tort
claims against government contractor interrogators are too recent
and too nove