United States Fourth Circuit
Al Shimari v. CACI Premier Technology, Inc., 13-1937
Dismissal of plaintiffs' claims seeking damages against defendant-American corporation for the torture and mistreatment of foreign nationals at the Abu Ghraib prison in Iraq is vacated and remanded, where: 1) the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013) does not foreclose the plaintiffs' claims under the Alien Tort Statute; 2) the district court erred in reaching a contrary conclusion; 3) under Kiobel, plaintiffs' claims "touch and concern" the territory of the United States with sufficient force to displace the presumption against extraterritorial application of the Alien Tort Statute; but 4) it cannot be determined from the present record whether the claims at issue present nonjusticiable political questions.
Appellate Information
- Decided 06/30/2014
- Published 06/30/2014
Judges
- KEENAN
Court
- United States Fourth Circuit