Saleh v. Titan

Synopsis

Saleh v. Titan is a federal class action lawsuit against private contractors CACI International Incorporated and Titan Corporation that charges the companies with a wide range of heinous and illegal acts while they were providing interrogating services at Abu Ghraib prison in Iraq.

Status

On November 6, 2007, U.S. District Court Judge James Robertson denied CACI's motion for summary judgment and ordered a jury trial against CACI. Judge Robertson at the same time granted Titan's motion for summary judgment, dismissing the case against Titan.

Description

Saleh v. Titan is a class action lawsuit brought against Titan Corporation and CACI International Incorporated, the U.S. government contractors at Abu Ghraib prison and other facilities in Iraq. It charges that defendants Stephen Stephanowicz of CACI International Inc., Adel Nahkla of Titan Corporation, and Titan subcontractor John Israel directed and participated in illegal conduct at the Abu Ghraib prison in Iraq where CACI and Titan were hired by the U.S. to provide interrogation services.

The suit, actionable under the Alien Tort Claims Act (ATCA), charges defendants with violations of U.S. and international law as well as the Racketeer Influenced Corrupt Organization (RICO) Act, for torture; summary execution; cruel, inhuman, or degrading treatment; enforced disappearance; arbitrary detention; war crimes; crimes against humanity; sexual assault, and battery. The case was filed in the U.S. District Court for the Southern District of California.

The plaintiffs in the case endured the following at the hands of the defendants and their co-conspiring government officials: being hooded and raped; being forced to watch their father tortured and abused so badly that he died; repeated beatings, including beatings with chains, boots and other objects; being stripped naked and kept in isolation; being urinated on and otherwise humiliated; and being prevented from praying and otherwise abiding by their religious practices. This action seeks compensatory and punitive damages to compensate plaintiffs and the class members who were tortured and treated in a cruel, inhuman, and degrading manner by the defendants.

Plaintiff Saleh is a Swedish citizen and Dearborn, MI resident who opposed the Baath Party and was imprisoned and tortured under Saddam Hussein, in the Abu Ghraib prison in Iraq. After being released from prison, Saleh fled from Iraq to Sweden. After the Hussein regime fell, he responded to the United States’ plea for expatriates to return and help rebuild Iraq and returned to Iraq with funds to invest and rebuild the country. Upon his arrival on or about September 25, 2003, he was detained and was again sent to the same Abu Ghraib prison where he had been tortured by Saddam Hussein.

Timeline

On June 9, 2004, CCR filed a class action complaint against Titan Corporation, CACI International Inc., Steven Stefanowicz (a CACI interrogator), Adel Nakhla (a Titan linguist) and John Israel (a Titan linguist), in the U.S. District Court for the Southern District of California.

On July 30, 2004, CCR filed a RICO case statement along with an amended complaint.

On September 10, 2004, defendants filed motions to dismiss.

On September 14, 2004, CCR filed a motion for preliminary injunction against CACI.

On October 20, 2004, CACI filed its opposition to the motion for preliminary injunction.

On October 22, 2004, CCR filed oppositions to the motions to dismiss.

On November 19, 2004, defendants filed their reply briefs.

In March 2005, the action was transferred to the Eastern District of Virginia.

On June 10, 2005, the case was transferred to the United States District Court for the District of Columbia.

On January 13, 2006, the order to transfer to the D.C. District Court was reaffirmed upon reconsideration by Judge Claude M. Hilton of Eastern District of Virginia. Judge Hilton found that the D.D.C. has personal jurisdiction under the RICO Act.

On March 22, 2006, CCR filed a third amended complaint.

On April 7, 2006, defendants filed motions to dismiss the amended complaint.

On June 26, 2006, U.S. District Court for the District of Columbia Judge James Robertson denied CACI and Titan's motion to dismiss.

On November 6, 2007, U.S. District Court Judge James Robertson denied CACI's motion for summary judgment and ordered a jury trial against CACI. Judge Robertson at the same time granted Titan's motion for summary judgment, dismissing the case against Titan.