Ex-Blackwater firm seeks to stop lawsuit

The Charlotte Observer

The government contractor formerly known as Blackwater asked a federal judge Friday to reconsider his ruling that allows a lawsuit to proceed in the 2007 shootings of Iraqi civilians.

Federal judge Terrence Boyle issued an opinion earlier this week remanding a suit against the N.C.-based company to state court.

The ruling kept alive the last active lawsuit connected to the Sept. 16, 2007, Nisoor Square shooting in Baghdad

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Federal judge returns shooting lawsuit involving company once known as Blackwater to NC court

RALEIGH, N.C. (AP) — Survivors and estates of Iraqis killed during an infamous 2007 shooting involving a U.S. security company’s contractors cannot sue the firm or its workers in federal court, a judge ruled Wednesday.

U.S. District Judge Terrence Boyle said in his decision that nonresident aliens are typically unable to sue in federal court for injuries sustained outside the country. He sent the case back to a North Carolina court, where the lawsuit was initially filed.

“We intend to vigorously pursue our claims,” said attorney Jim Roberts, who represents the Iraqi survivors who brought suit. He said he was pleased that the case was returning to Wake County. The plaintiffs had argued that nonresident aliens are permitted to sue in North Carolina courts.

The lawsuit accuses the security company formerly known as Blackwater and its contractors of wrongful death and negligence in the shooting that killed 17 Iraqis in Baghdad’s Nisoor Square. It was filed on behalf of three people killed in the shooting — Ali Kinani, Abrahem Abed Al Mafraje and Mahde Sahab Naser Shamake — along with survivors of the dead and others who were wounded.

Attorneys for the company, now known as Xe Services, argued last year that Blackwater contractors were essentially acting as employees of the U.S. government because they were providing security to State Department personnel. Because of that, the government should serve as the target of the lawsuit, lawyers argued.

Boyle did not issue an opinion on that question. An attorney for the company did not immediately return a call Wednesday.

The Blackwater shooting became a flashpoint of the Iraq war, straining relations between Washington and Baghdad. Five of the company contractors were initially charged with manslaughter for their role. A federal judge dismissed those charges a year ago, citing missteps by the government.

A sixth contractor, Jeremy Ridgeway, pleaded guilty in the criminal case.

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The $10,000 Iraqi Civilian

by David Isenberg at Huffington Post also at The PMCS Observer

Just how much is an Iraqi life worth? I don’t know but, in the aftermath of the killing of 17 Iraqi civilians by Blackwater employees at Nisoor Square in September 2007, apparently Iraq and the United States, had very different ideas, according to one of the recently released Wikileaks cables. (Note: One can find all the Wikileaks cable concerning Blackwater here.

The cable shows, not surprisingly, that the Iraqi and U.S. governments were magnitudes of order apart on what an Iraqi life was worth.

According to the cable the U.S. Embassy in Iraq obtained a copy of the Government of Iraq’s investigation report of the September 16 incident at Nisoor Square. The report recommended payments of $8 million and $4 million for each death and injury respectively, and called for the USG to replace Blackwater within six months of the incident.

At that time the Embassy had begun accepting claims from victims of the incident and approved payments of $10,000 for each death, $5,000 for each injury, (800 times less than the Iraqi figure for both death and injury) and $2,500 for property damage.

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Blackwater seeks dismissal of Iraq shooting suit

Tom Breen Associated Press

RALEIGH, N.C. — The security firm formerly known as Blackwater told a federal judge Thursday that the U.S. government – and not the company – should be held accountable for a 2007 shooting by its contractors that killed 17 Iraqis.

The Moyock, N.C.-based company and several of its contractors are seeking the dismissal of a lawsuit that was filed on behalf of three people killed in the shooting – Ali Kinani, Abrahem Abed Al Mafraje and Mahde Sahab Naser Shamake. It accuses the parties of wrongful death and negligence, and seeks punitive damages.

Lawyers for the company, now known as Xe Services, argued in court that Blackwater contractors were essentially acting as employees of the U.S. government because they were providing security to State Department personnel.

Unlike duties performed by other contractors, the sensitive nature of providing security in a war zone required the kind of oversight the government normally reserves for its own employees, attorney Andrew Pincus argued.

“This isn’t food service, where we can sort of leave it to the chefs,” he said.

Lawyers for both the plaintiffs and the government disputed that, and said the practical effect of transferring the focus of the lawsuit to the federal government would be its dismissal. The federal government is exempt from such lawsuits.

Judge Terrence W. Boyle didn’t immediately rule on the motions in the case, but said the most important issue seems to be whether the government is ultimately responsible for the actions of its contractors.

“If the government can cut the cord and let that drift off into space, that’s one world,” he said. “But it’s a different world if the government has to be held accountable.”

In separate motions, lawyers for Blackwater and the contractors argued they can’t be sued by foreigners for something that happened in a foreign country governed by foreign law. They also argue that Iraqi law prohibits such lawsuits.

The contractors contend insurgents ambushed them in a traffic circle before they opened fire, but prosecutors say the men unleashed an unprovoked attack on civilians using machine guns and grenades.

The five contractors were initially charged with manslaughter for their role in the 2007 Nisoor Square shooting, which strained relations between Baghdad and Washington. A year ago, a federal judge dismissed those charges, citing missteps by the government.

A sixth contractor, Jeremy Ridgeway, pleaded guilty in the criminal case. He filed a separate defense in the civil lawsuit, arguing that the federal court in North Carolina has no jurisdiction to hear the case.

Blackwater changed its name to Xe Services in March, saying its brand had been tarnished by its work in Iraq. The company settled a separate series of federal lawsuits earlier this year connected to the Nisoor Square shooting and others in Iraq.

The company is now looking for new ownership.

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