Supreme Court Allows Wounded Veteran to Sue Contractor Over Afghanistan Bombing
The Supreme Court ruled 6-3 that a veteran injured in a 2016 suicide bombing at Bagram Airfield can sue the military contractor that employed the attacker.
The Supreme Court ruled Wednesday that a veteran wounded in a 2016 suicide bombing in Afghanistan can proceed with a lawsuit against the military contractor that employed the attacker.
The court decided 6-3 in favor of former Army Specialist Winston Hencely, who was injured when he confronted Ahmad Nayeb at Bagram Airfield during a Veterans Day weekend 5K race. Nayeb, an Afghan employee of Fluor Corporation, detonated an explosive vest he had built on the job site, killing five people and wounding more than a dozen others.
Hencely suffered severe injuries including a fractured skull, brain damage, seizures, and traumatic brain injury that left him without full use of the left side of his body. An Army investigation later faulted Fluor Corporation for failing to properly supervise Nayeb, who constructed the explosive device at the base.
Fluor Corporation, an Irving, Texas-based engineering construction company, argued it should be immune from lawsuits because it was working for the government during wartime. The company contended that government contractors are generally protected from such legal action when fulfilling official duties.
Justice Clarence Thomas wrote the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanja Brown Jackson. The majority ruled that while companies are typically protected when fulfilling government contracts, Fluor allegedly failed to carry out its supervisory duties.
Justices Samuel Alito, John Roberts, and Brett Kavanaugh dissented. Justice Alito wrote in his dissent that Hencely's lawsuit could interfere with the government's wartime powers and decisions, including policies requiring contractors to maximize employment of Afghan nationals.