Abtan v. Blackwater

Atban v. Blackwater is a lawsuit brought by the victims and families affected by the September 16, 2007 Blackwater Baghdad shootings against Blackwater Worldwide, a private military contractor. As of March 18, 2008, U.S. District Court judge, Reggie Walton ordered the case to be consolidated with Estate of Albazzaz, et al. v. Blackwater Lodge and Training Center, Inc. et al. for purposes of pre-trial discovery and briefing [http://ccrjustice.org/ourcases/current-cases/atban%2C-et-al.-v.-blackwater-usa%2C-et-al.] .

Background

The September 16 Blackwater Baghdad shootings was an unprovoked [http://www.nytimes.com/2007/09/19/world/middleeast/19blackwater.html?ex=1347940800&en=9f04b5ead27b5528&ei=5124&partner=permalink&exprod=permalink] attack on Iraqi civilians by a number of heavily armed Blackwater personnel, including two Blackwater helicopters. According to numerous conflicting reports, the shooting started after a small car had mistakenly failed to comply with an Iraqi police officer's call to stop, the Blackwater guards then fired on the car, possibly believing it to be a suicide bomber. However, a conflicting report filed by Blackwater [http://www.bloomberg.com/apps/news?pid=20601087&sid=a.EfgQqkRs1s&refer=home] , the security guards, who were at the time guarding a US State Department convoy, had been fired on first and responded with measured, small arms fire directed specifically at those who had attacked them.

Case

The suit was filed on behalf of a number of Iraqi citizens by The Center for Constitutional Rights and a number of other lawyers alleging that Blackwater had violated US, and International Law, as well as participating in war crimes, disobeying the Alien Tort Statute. According to the complaint, Blackwater had “created and fostered a culture of lawlessness amongst its employees, encouraging them to act in the company’s financial interests at the expense of innocent human life,”. The suit also claims that Blackwater should be liable for claims of assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision. Plaintiffs also moved to include a claim that Blackwater intentionally destroyed evidence by repainting the vehicles involved in the Nisoor Square massacre and by shredding documents pertaining to the company’s criminal and civil legal exposures.

Timeline

October 11, 2007 The case was filed in the [http://en.wikipedia.org/wiki/District_Court_for_the_District_of_Columbia U.S. District Court of Columbia]

November 27, 2007 An amended complaint was filed, adding the families of two other victims, as well as adding the additional charge that Blackwater routinely deploys heavily-armed “shooters” in the streets of Baghdad with the knowledge that up to 25 percent of them are chemically influenced by steroids or other judgment-altering substances, and fails to take effective steps to stop and test for drug use. It further alleged that the Blackwater personnel who fired on the Iraqi civilians had ignored directives from the Tactical Operations Center (“TOC”), which was manned by both Blackwater and Department of State personnel, to stay in another area with State Department personnel they had dropped off until further instructed to leave the area.

March 28, 2008 a second amended complaint was filed to join the family of an additional Iraqi who had been killed as well as nine additional injured Iraqi survivors. On April 8, 2008 the defendants filed a motion to dismiss for lack of venue, to which the plaintiffs filed an opposition on April 22, 2008. Judge Walton ordered that this case be consolidated with Estate of Albazzaz, et al. v. Blackwater Lodge and Training Center, Inc. et al. for purposes of pre-trial discovery and briefing.

April 28, 2008 plaintiffs filed a motion to file a third amended complaint in order to include a spoliation claims.

May 7, 2008, defendants filed their opposition to the third motion to amend the complaint, to which the plaintiffs filed a reply on May 19, 2008.

References