After Supreme Court Ruling, 4th Circuit Tosses Verdict Against US Company for Abu Ghraib Torture
"History will show that it was the Supreme Court that denied us justice," said Salah Al-Ejaili, one of the Iraqi plaintiffs.
The US Supreme Court recently delivered a "lethal blow" to lawsuits filed under an 18th-century law, including a case brought by Iraqis tortured at Abu Ghraib as part of the George W. Bush administration's invasion of Iraq, whose landmark verdict was struck down on Friday by a federal appellate court.
The Iraqis' case against US military contractor CACI Premier Technology was first filed in 2008, and eventually led to a trial and retrial in 2024. That November, a federal jury found the company liable for torture at the notorious prison in Iraq, and ordered it to pay the three prisoners a total of $42 million.
After unsuccessfully seeking another trial at the US District Court for the District of Virginia, CACI turned to the US Court of Appeals for the 4th Circuit, which this past March upheld the historic verdict in favor of the three tortured men: middle school principal Suhail Al Shimari, fruit vendor Asa'ad Zuba'e, and journalist Salah Al-Ejaili.
Then came the Supreme Court's June decision in Cisco Systems v. Doe, which effectively reversed the high court's 2004 ruling on the Alien Tort Statute (ATS), nullifying "a vital law that could check corporate abuses and provide an essential remedy to those whose rights have been violated," as University of California, Berkeley law professor Erwin Chemerinsky wrote earlier this week.
As legal experts feared, the 4th Circuit reconsidered the CACI verdict in the wake of the June decision, and determined that "just as the court concluded that the Cisco plaintiffs' ATS claims—including aiding and abetting torture—must be dismissed, so too must we dismiss plaintiffs' claims here—conspiracy to commit torture" and cruel, inhuman, and degrading treatment.
Baher Azmy, legal director of the Center for Constitutional Rights, which represented the Iraqis alongside other law firms, responded with a Friday statement calling out both the Supreme Court and CACI.
"As radical and regressive as the Supreme Court's decision in Cisco is," Azmy said, "it will never change this fundamental truth: A jury heard voluminous testimony and unanimously concluded CACI was responsible for the torture and abuse of dozens of Iraqis at Abu Ghraib, including these plaintiffs, rendering CACI, in the words of a foundational ATS-human rights case, 'hostis humani generis'—an 'enemy of all mankind.'"
"We remain in awe of the bravery and dedication of our clients, who fought for 18 years for justice for themselves, their families, and other survivors of horrific human rights abuses," Azmy added. "This Supreme Court may continue to do great damage to human rights cases, but it cannot take the courage and dignity away from our clients' historic achievement."
One of the plaintiffs in the case, Al-Ejaili, also took aim at the country's highest court, which is dominated by right-wing justices.
"What we did in pursuing accountability for 18 years for the torture we suffered at Abu Ghraib was a big thing. We trusted a US jury with our stories, and they believed us and sided with us—this is the most important part of the case," he said Friday. "History will show that it was the Supreme Court that denied us justice."
