Army Veteran wounded overseas seeks justice against military contractor.
The Supreme Court has allowed the Hencely v. Flour Corp. lawsuit to proceed, vacating a Fourth Circuit decision. Under the “Afghans First” initiative, created to stimulate and stabilize the Afghan Government by hiring locals, the Fluor Corporation employed Ahmad Nayeb to work at a U.S. base in Afghanistan. While under contract, Nayeb, a Taliban operative, put on a suicide vest and walked toward the Veterans’ Day 5k Race being held at Bagram Airfield in 2016.
Winston Tyler Hencely saw Nayeb and attempted to question him. Nayeb then detonated his suicide vest, and the resulting explosion killed 5 and injured 17. Hencely suffered severe head and brain injuries as a result. The U.S. Army conducted an investigation, which found the corporation primarily responsible for the attack because of negligent supervision not in line with base operating procedure.
Writing on behalf of the majority, Justice Clarence Thomas said the “battlefield preemption” argument, which was previously upheld by the Fourth Circuit, was invalid. “Battlefield preemption” claims that military contractors are shielded from liability because they are directly under the military’s control during combat activities. Proceedings will now continue “consistent” with Justice Thomas’ written opinion.
As the Lord Leads, Pray with Us…
- For the Supreme Court justices to seek God’s wisdom as they look at issues impacting veterans’ lives.
- For Chief Justice John Roberts as he presides over the high court and interpretations of state and federal law.
Sources: Just the News, The Supreme Court Opinions
