Judge: Abu Ghraib detainees can sue Va. contractor

By MATTHEW BARAKAT, Associated Press Writer

Thursday, March 19, 2009

(03-19) 13:34 PDT Alexandria, Va. (AP) --

A federal judge rejected a defense contractor's claims that it was immune from lawsuits by four alleged torture victims at the Abu Ghraib prison in Iraq.

In a ruling made public Thursday, U.S. District Judge Gerald Bruce Lee rejected claims made by Arlington, Va.-based CACI that it couldn't be sued because its interrogators were performing their duties as the government required. The company also said the case involves U.S. policy issues too sensitive for litigation.

The ruling allows four Abu Ghraib detainees — who were later released without being charged — to go forward with their lawsuit against CACI. The four allege torture and other crimes at the hands of CACI civilian interrogators hired by the Army.

The detainees' lawyer, Susan Burke, said Lee's ruling is "another step toward ensuring that this litigation will contribute to the true history of Abu Ghraib.

"These innocent men ... came to U.S. courts because our laws, as they have for generations, allow their claims to be heard here."

CACI's lawyer, William Koegel, said Lee could still dismiss the case as more facts emerge.

"Judge Lee's decision is far from the last chapter," Koegel said.

CACI and another contractor are defendants in a similar lawsuit filed in the District of Columbia, where a federal appeals court heard arguments last month.

CACI had argued that courts are not equipped to evaluate the detainees' claims because it requires delving into classified information and sorting through facts shrouded in "the fog of war."

But Lee noted that CACI has filed civil lawsuits alleging defamation of character against a radio host who held CACI responsible for Abu Ghraib atrocities.

"The court finds it ironic that CACI argues that this case is shrouded by the 'fog of war,' yet CACI saw only clear skies" when it pursued its own case, Lee wrote.

CACI has been aggressive in defending itself against accusations of wrongdoing at Abu Ghraib, where photos of detainee abuse that became public in 2004 shocked the national conscience.

While several military personnel have been convicted and sentenced for their roles in the abuse, no civilian contractors were ever charged.

Lee said CACI has provided no evidence that its interrogators' actions were consistent with policies established by high-ranking Pentagon officials. If it can provide such proof it might then qualify for immunity.

"CACI would have the court blindly accept its premise that the activities of Abu Ghraib were so heavily monitored that, but for the involvement and approval of high-level government officials, the atrocities could not have occurred," Lee wrote.

The case against CACI is one of at least a dozen at the Alexandria courthouse alone alleging wrongdoing by contractors on a variety of fronts, including whistleblower claims of contract fraud, forced labor of foreign contract workers under inhumane conditions and sexual harassment of female contract employees by their superiors.

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/03/19/national/a103945D14.DTL

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