Center for Constitutional Rights scheduled for 10 May oral argument in US federal court in case against CACI alleging torture at Abu Ghraib prison
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Author: Center for Constitutional Rights
On Friday, May 10, [Center for Constitutional Rights (CCR)] has an important oral argument in our case against private military contractor CACI for torture at Abu Ghraib. CACI seeks dismissal of Plaintiffs’ Alien Tort Statute (“ATS”) claims following Supreme Court’s ruling in Kiobel v. Royal Dutch Petroleum. CCR and co-counsel are arguing that Plaintiffs’ ATS claims are in no way foreclosed by Kiobel. Plaintiffs will also be presenting argument on a number of other pending motions, including that they have properly adequately alleged CACI’s liability for participation in a conspiracy. CCR Legal Director Baher Azmy will be presenting oral argument at the May 10th hearing before Judge Gerald Bruce Lee, which is open to the public.
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Author: Jill R. Aitoro, Washington Business Journal [USA]
A business unit of Arlington-based CACI International Inc. will argue Friday in a hearing before a federal court in Virginia that allegations of detainee abuse at Abu Ghraib should be dismissed, based on an April Supreme Court decision that abated a law used to hold human rights violators accountable…According to the filing, the District Court for the Eastern District of Virginia will address…a series of motions, including one made by CACI to dismiss for lack of jurisdiction claims made under the Alien Tort Statute — which allows district courts to decide civil cases brought by foreigners claiming violations of international law…Whether CACI's motion will be upheld is difficult to say, in part because the Supreme Court decision may not extend to cases involving U.S.-based companies.
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[PDF] Al Shimari v. CACI - Plaintiffs' opposition to Defendant CACI Premier Technology, Inc.'s motion for reconsideration of the Court's order reinstating Plaintiffs' Alien Tort Claims [DKt. #159] or in the alternative to dismiss the Alien Tort Statute...
Author: Center for Constitutional Rights, et al.
Defendant, CACI Premier Technology Corp. (“CACI”) seeks dismissal of Plaintiffs’ Alien Tort Statute (“ATS”) claims on an implausibly simplistic reading of the Supreme Court’s recent decision in Kiobel v. Royal Dutch Petroleum Co…and the decades of ATS jurisprudence underlying it. According to CACI, Kiobel imposes a “bright line” rule that prohibits the Court from recognizing any otherwise cognizable ATS claims if the alleged violation “occurred outside the United States.” Def. Br. 7. Such a categorical bar, however, does not represent the opinion of the Court; it reflects only the concurring opinion of Justice Alito which garnered only one additional vote… Plaintiffs ATS claims are in no way foreclosed by Kiobel.
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