Overseas Civilian Contractors

News and issues relating to Civilian Contractors working Overseas

DOJ Appeals Ruling In Torture Suit Against Rumsfeld

Blog of the Legal Times  August 26, 2011

The U.S. Justice Department wants a federal appeals court in Washington to overturn a judge’s ruling that said an American contractor detained in Iraq can sue former Defense Secretary Donald Rumsfeld for alleged abuses.

U.S. District Judge James Gwin this month ruled for the contractor, an American civilian and former Army veteran who provided translation services to the military in Iraq in 2004 and 2005. Gwin said Rumsfeld is not entitled to qualified immunity. The judge’s decision is here.

The contractor, whose name is confidential in the suit in Washington federal district court, “has a right to be free from conduct and conditions of confinement that shook the conscience,” Gwin said.

Gwin of Cleveland federal district court took over the case in January 2010 from Judge Colleen Kollar-Kotelly of U.S. District Court for the District of Columbia. Gwin is sitting by designation in Washington to hear the suit, filed in 2008.

A Justice Department lawyer, James Whitman of the Civil Division’s torts branch, said in a court filing (PDF) this week that Rumsfeld is entitled to the interlocutory appeal because Gwin rejected Rumsfeld’s qualified immunity argument

Please read the entire post at the Blog of the Legal Times

August 26, 2011 - Posted by | Civilian Contractors, Department of Defense, Legal Jurisdictions, Pentagon | , , , , ,

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