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RI.__ The District Court record in Ibrahim, et. al., v. CACI Premier Technology, et. al, No. 1:04-cv-1248 (D.D.C.) (Robertson, J.) RS.__ The District Court record in Saleh, et. al., v. CACI International Inc., et. al, No. 1:05-cv-1165 (D.D.C.) (Robertson, J.) SCSL Special Court for Sierra Leone SOF Statement of Facts Taguba Report AR 15-6 Investigation of the 800 th Military Police Brigade, Major General Antonio Taguba, Investigating Officer (2004) UCMJ Uniform Code of Military Justice xix
STATEMENT OF JURISDICTION The District Court exercised jurisdiction over Ibrahim v. Titan Corp., (“Ibrahim”) and Salehv. Titan Corp.. (“Saleh”) pursuant to 28 U.S.C. §1331 and 28 U.S.C. §1332. This Court has jurisdiction over the Plaintiffs’ appeal pursuant to 28 U.S.C. §1291. ISSUES PRESENTED FOR REVIEW 1. Did the District Court err by failing to consider military regulations that required the government contractor L-3 to supervise and discipline its own employees, and uncontradicted testimony from military officials that they followed those regulations? 2. Did the District Court err in permitting defense contractor L-3 to invoke the judicially-created affirmative defense (hereinafter “government contractor defense” or “Boyle doctrine”) and insulate from review conduct by L-3 employees that was not contracted for and was prohibited by the military? 3. Did the District Court err in holding that torture and war crimes by corporate employees are not actionable under the Alien Tort Statute? STATUTES AND REGULATIONS The applicable statutes and regulations are reproduced in the addendum hereto. 1
Page 1 and 2: NOT YET SCHEDULED FOR ORAL ARGUMENT
Page 3 and 4: Juma’a, Kamel Abood Khalaf Al Sam
Page 5 and 6: Hammad Abid Atwan, Jasim Faadhil Ha
Page 7 and 8: Mohammed, Ammar Juma’a Abid, Mali
Page 9 and 10: 08-7008 (D.C. Cir.) have filed a di
Page 11 and 12: B. The District Court Relied on Evi
Page 13 and 14: Cases TABLE OF AUTHORITIES 1010 Pot
Page 15 and 16: In re Tesch (Zyklon B Case), 13 Int
Page 17 and 18: West Point Elementary School Teache
Page 19: GLOSSARY OF ABBREVIATIONS AR U.S. A
Page 23 and 24: District of Columbia. The District
Page 25 and 26: Ghraib. Major General Antonio Tagub
Page 27 and 28: employees adhere to United States s
Page 29 and 30: See also Peltier Dep. 156-157; RS.1
Page 31 and 32: Crowley Decl. 5. L-3 told its trans
Page 33 and 34: RS.112, Appendix C-43. L-3 witnesse
Page 35 and 36: (4) Evidence Produced by the Milita
Page 37 and 38: the Iraqi Republican Guard and enem
Page 39 and 40: Rumminger Dep. 167 (Nakhla “spent
Page 41 and 42: military. Finally, as set forth in
Page 43 and 44: preempted only to the extent necess
Page 45 and 46: contract. Id. According to testimon
Page 47 and 48: authority to demand that L-3 transl
Page 49 and 50: SEALED MATERIAL DELETED Third, the
Page 51 and 52: Memorandum prevented L-3 translator
Page 53 and 54: 902, 904 (D.C. Cir. 1992)(summary j
Page 55 and 56: L-3 has produced no evidence from t
Page 57 and 58: (3) L-3’s Self-Serving Litigation
Page 59 and 60: obey operational instructions from
Page 61 and 62: A. The Military Is Opposed to Such
Page 63 and 64: their employees, officers, and subc
Page 65 and 66: community governed by a separate di
Page 67 and 68: not change the fact that it was the
Page 69 and 70: in Boyle used as a touchstone wheth
Page 71 and 72:
Hudgens v. Bell Helicopters/Textron
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Kellogg, Brown and Root, 444 F.Supp
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Applying the combatant activities e
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applied to insulate the corporate c
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The Supreme Court in Sosa examined
Page 81 and 82:
Doe v. Islamic Salvation Front, 993
Page 83 and 84:
knowing it would be used to kill);
Page 85 and 86:
Respectfully submitted, Susan L. Bu
Page 87 and 88:
ADDENDUM: STATUTES AND REGULATIONS
Page 89 and 90:
Uniform Code of Military Justice, P
Page 91 and 92:
or suffering incidental to lawful s
Page 93 and 94:
laws. Obtaining personal services b
Page 95 and 96:
(c) Outrages upon personal dignity,
Page 97 and 98:
U.S. Army Regulation 190-8, Enemy P
Page 99 and 100:
give directions to their employees.
Page 101:
CERTIFICATE OF SERVICE Saleh, et al
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