US Appeals Court Upholds Verdict Against Contractor Liable for Abu Ghraib Torture

A federal appellate court on Thursday upheld a historic verdict against CACI Premier Technology, a military contractor found liable for its role in the torture of three prisoners at Abu Ghraib during the George W. Bush administration's invasion of Iraq in the early 2000s.

The three plaintiffs—middle school principal Suhail Al Shimari, fruit vendor Asa'ad Zuba'e, and journalist Salah Al-Ejaili—are represented by the Center for Constitutional Rights and two law firms. CCR noted Thursday that Al Shimari v. CACI was first filed in 2008 under the Alien Tort Statute and "is the only lawsuit brought by Abu Ghraib torture victims to make it to trial."

These three survivors of Abu Ghraib—where US captors subjected prisoners to broken bones, death threats, electric shocks, extreme temperatures, sexual abuse, and more torture—finally got their day in court in April 2024. The following November, a federal jury in Virginia ordered CACI to pay each plaintiff $3 million in compensatory damages and $11 million in punitive damages, for a total of $42 million.

"This victory isn't only for the three plaintiffs in this case against a corporation," Al-Ejaili said after the verdict. "This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse."

CACI unsuccessfully sought a new trial at the US District Court for the District of Virginia, then turned to the 4th Circuit, which heard arguments last September.

"We affirm the jury’s verdict in full," wrote Senior Judge Henry Floyd, joined by Judge Stephanie Thacker—both appointees of former President Barack Obama. Judge A. Marvin Quattlebaum Jr., who was appointed by President Donald Trump, dissented.

CCR legal director Baher Azmy, who argued the appeal, said Thursday that "we are gratified yet again that the 4th Circuit rejected CACI's cynical arguments for impunity for its responsibility for the torture of our clients, which the jury confirmed in a historic judgment last year. Our courageous clients have waited so long for recognition and justice, and we are happy for them that this judgment affirmed their entitlement to it."

Joining the center in this fight were the firms Akeel & Valentine and Patterson Belknap Webb & Tyler. Michael Buchanan, a partner at the latter and lead co-counsel for the plaintiffs, also expressed gratitude "for the court's careful review of this matter and for its decision to uphold a verdict that acknowledges the severe harm our clients endured at Abu Ghraib at the hands of CACI employees and military personnel."

"I have been honored to work on this appeal alongside an exceptionally skilled and dedicated team at Patterson Belknap, which included Andrew Haddad, Alex Mahler-Haug, and other lawyers and paralegals, and with our colleagues at the Center for Constitutional Rights," Buchanan said. "While no verdict can undo what these individuals suffered, this outcome affirms their courage and the fundamental principle that all must be held accountable for their actions."

Al-Ejaili also celebrated the development, declaring that "this is a huge moment, a win that builds a foundation for a new precedent in the US."

"This will cause a positive difference in the future. Those who believe they are above the law will now think twice before violating human rights," the plaintiff added. "Thank you to the US legal system and thank you to everyone who had anything to do with this win."

The appellate court's decision notably comes as the Trump administration and Israel have launched another war in the Middle East: a joint assault of Iran, alongside Israeli bombing of Lebanon. Evidence of war crimes—including attacks on schools, hospitals, and other civilian infrastructure—has quickly mounted, fueling global demands for a diplomatic resolution.

This article has been updated with comment from lead co-counsel for the plaintiffs Michael Buchanan.