Al-Quraishi et al v. Nakhla et al.

Synopsis

Al-Quraishi v. Nakhla is a federal lawsuit against US-based private contractor L-3 Services, Inc. (formerly Titan Corporation) and Adel Nakhla, a former employee of Titan/L-3 Services.  Brought on behalf of 72 Iraqi plaintiffs, it brings claims of torture, war crimes and other serious abuse against both L-3 Services and Nakhla for their participation in a conspiracy to torture detainees as prisons in Iraq, including at the notorious Abu Ghraib prison. 

 

Status

Both defendants have filed motions to transfer the case from Maryland to the Eastern District of Virgina and motions to dismiss the case.  A hearing for these pending motions will be held on Monday, March 9, 2009 beginning at 11:30 am in Courtroom 4C before Judge Peter J. Messitte.

Description

Al-Quraishi v. Nakhla was brought against L-3 Services Inc. (formerly Titan Corporation) and CACI International Inc., the U.S. government contractors at Abu Ghraib prison and other facilities in Iraq, as well as former contractor Adel Nakhla. CACI International Inc. has since been dismissed as a defendant in the case. The complaint alleges that L-3 Services and Adel Nakhla, a former translator employed by L-3 Services, directed and participated in torture and other illegal conduct  at prisons in Iraq, including Abu Ghraib prison in Iraq.

The suit, brought under the Alien Tort Statute (ATS) and federal question jurisdiction, charges defendants with violations of U.S. and international law including torture; cruel, inhuman, or degrading treatment; war crimes; assault and battery; sexual assault and battery; intentional infliction of emotional distress; negligent hiring and supervision; and negligent infliction of emotional distress. There are also civil conspiracy and aiding and abetting counts attached to most of these charges.  Through this action, Plaintiffs seek compensatory and punitive damages.

Among the heinous acts to which the 72 Plaintiffs were subjected at the hands of the defendants and certain government co-conspirators were: rape and threats of rape and other forms of sexual assault; electric shocks; repeated beatings, including beatings with chains, boots and other objects; prolonged hanging from limbs; forced nudity; hooding; isolated detention; being urinated on and otherwise humiliated; and being prevented from praying and otherwise abiding by their religious practices.

The named Plaintiff, Wissam Abdullateef Sa’eed Al-Quraishi, a 37-year-old married father of three, was hung on a pole for seven days at the infamous Abu Ghraib “hard site” and subjected to beatings, forced nudity, electrical shocks, humiliating treatment, mock executions and other forms of torture during his incarceration at the prison.

Another Plaintiff, Mr. Al-Janabi, was repeatedly and gravely tortured at Abu Ghraib prison. Mr. Al-Janabi was subjected to various modes of torture, including having his eyes almost clawed out, being stripped naked and threatened with rape, being hung upside down until he lost consciousness, and being deprived of sleep for extended periods of time. Like the other Plaintiffs, Mr. Al-Janabi was released after enduring over ten months of torture and other abuse without being charged with any crime.

The plaintiffs in this case are represented by Susan L. Burke, William T. O’Neil and William F. Gould of Burke O’Neil LLC, of Washington, D.C.; Katherine Gallagher of the Center for Constitutional Rights; and Shereef Akeel, of Akeel & Valentine, PLC, of Troy, Mich.

 

Timeline

• June 30, 2008: Wissam Abdullateef Sa’eed Al-Quraishi filed a complaint against Adel Nakhla, L-3 Services, CACI International Inc. and CACI Premier Technology, Inc. and in the U.S. District Court for Maryland, Greenbelt Division.

• August 13, 2008,: Plaintiffs’ motion to dismiss CACI Defendants without prejudice granted.

• September 5, 2008: Plaintiffs filed Amended Complaint. 

• September 8, 2008: L-3 Services filed motion to transfer venue to the Eastern District of Virginia.

• October 1, 2008: Plaintiffs filed Second Amended Complaint.

• October 2, 2008: Plaintiff filed their opposition to L-3 Services’ motion to transfer.

• October 17, 2008: L-3 Services replied to the Plaintiffs’ response to the motion to transfer.

• November 12, 2008: Judge Peter J. Messitte granted Plaintiffs’ motion to amend the complaint.

• November 26, 2008: Adel Nakhla and L-3 Services filed motions to dismiss.

• January 2 , 2009: Plaintiff filed responses in opposition to defendants’ motions to dismiss.

• January 26, 2009: L-3 Services and Adel Nakhla filed replies to the responses to the motions to dismiss.

• March 9, 2009: Pending motions hearing scheduled for 11:30 am in the District Court of Maryland, Greenbelt Division, Courtroom 4C before Judge Peter J. Messitte.

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