Albazzaz and Aziz v. Blackwater Lodge and Training, et al.

Synopsis

Estates of Albazzaz and Aziz v. Blackwater Lodge and Training, et al. is a civil lawsuit charging the private contractor Blackwater with war crimes for the death of two Iraqi men.  Ali Hussamaldeen Albazzaz and Kadhum Kayiz Aziz were killed when Blackwater personnel opened fire on a crowd of Iraqi civilians in and around Al Watahba Square in Baghdad on September 9, 2007.

Status

On December 19, 2007, the case was filed in the U.S. District Court for the District of Columbia on behalf of the estate of Albazzaz. An amended complaint, filed on March 28, 2008, added the Estate of Mr. Aziz as an additional plaintiff. On March 28, 2008, Albazzaz, et al. was consolidated with Abtan, et al. v. Blackwater Lodge and Training, et al. for purposes of pretrial discovery and briefing.

Description

Albazzaz and Aziz v. Blackwater Lodge and Training, et al. is a civil case filed on behalf of the family of two men killed in Iraq.  Ali Hussamaldeen Albazzaz and Kadhum Kayiz Aziz were killed when Blackwater personnel opened fire on a crowd of Iraqi civilians in and around Al Watahba Square in Baghdad on September 9, 2007.

The lawsuit alleges that heavily armed Blackwater mercenaries, known in company parlance as “shooters,” fired without justification and killed five civilians, including Mr. Albazzaz and Mr. Aziz.  Mr. Albazzaz, the father of a newborn baby girl, was standing outside his rug store at the time he was killed; Mr. Aziz was guarding a government building.  Numerous other civilians were injured in the incident.
 
Through the complaint, CCR, along with its co-counsel, allege that Blackwater and its affiliated companies violated the federal Alien Tort Statute (ATS) in committing war crimes and 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.  The lawsuit seeks compensatory damages for death, physical, mental, and economic injuries, and punitive damages.

Mr. Albazzaz’s and Mr. Aziz’s families are represented by Susan L. Burke, William T. O’Neil and Rosemary B. Healy of Burke O’Neil LLC, of Philadelphia; Michael Ratner and Katherine Gallagher of the Center for Constitutional Rights; and Shereef Akeel, of Akeel & Valentine, PLC, of Birmingham, Mich.

Timeline

On December 19, 2007, CCR filed the complaint on behalf of the estate of Mr. Albazzazin the U.S. District Court for the District of Columbia. The case was assigned to Judge Reggie Walton.

On January 22, 2008, Blackwater moved to dismiss the case, claiming that the Eastern District of Virginia, not the District of Columbia, was the proper venue to file the complaint.  Blackwater also moved to dismiss three of the named defendants, Blackwater Worldwide, Blackwater USA, and Blackwater Canine, as non-legal entities that were divisions of the corporation.

On February 19, 2008, CCR filed an opposition to Blackwater’s Motion to Dismiss, submitting that the District of Columbia, where Blackwater routinely conducted business and entered into contracts, was the proper venue to file the complaint. 

On March 7, 2008, Blackwater replied to CCR’s opposition, reiterating arguments in its Motion to Dismiss.

On March 21, 2008, both CCR  and Blackwater consented to the consolidation of Albazzaz, et al. and Abtan, et al , for purposes of pretrial discovery and proceedings only, but not for purposes of trial, in response to a request for such by Judge Walton.

On March 28, 2008, Judge Walton ordered Albazzaz, et al. and Abtan, et al. consolidated for purposes of pre-trial discovery and briefing.  CCR filed an amended complaint to include an additional plaintiff, Kadhum Kayiz Aziz.  Judge Walton granted CCR’s amended complaint and also denied Blackwater’s Motion to Dismiss the complaint.

On April 8, 2008, Blackwater moved to dismiss CCR’s amended complaint by again asserting that the Eastern District of Virginia, not the District of Columbia, was the proper venue to file the complaint.

On April 22, 2008, CCR opposed Blackwater’s motion, asserting that the District of Columbia is the proper venue to file the complaint.