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AL SHIMARI v. CACI INTERN., INC.

No. 09-1335.

658 F.3d 413 (2011)

Suhail Najim Abdullah AL SHIMARI; Taha Yaseen Arraq Rashid; Sa'ad Hamza Hantoosh Al-Zuba'e; Salah Hasan Nusaif Jasim Al-Ejaili, Plaintiffs-Appellees, v. CACI INTERNATIONAL, INCORPORATED; CACI Premier Technology, Incorporated, Defendants-Appellants. Kellogg Brown & Root Services, Incorporated, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: September 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Joseph William Koegel, Jr. , Steptoe & Johnson, LLP, Washington, D.C., for Appellants. Susan L. Burke , Burke PLLC, Washington, D.C., for Appellees. ON BRIEF: John F. O'Connor , Steptoe & Johnson, LLP, Washington, D.C., for Appellants. Susan M. Sajadi , Katherine R. Hawkins , Burke PLLC, Washington, D.C., for Appellees. Raymond B. Biagini , Lawrence S. Ebner , Robert A. Matthews , Daniel L. Russell, Jr. , McKenna Long & Aldridge LLP, Washington, D.C., for Amicus Supporting Appellants.

Reversed and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD joined. Judge NIEMEYER wrote a separate opinion giving additional reasons for reversing and remanding. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Four Iraqi citizens, who were seized by the U.S. military in the Iraq war zone and detained by the military in Abu Ghraib prison, near Baghdad, commenced this tort action against a civilian contractor, retained by the military to assist it at the prison in conducting interrogations for the purpose of obtaining intelligence. The plaintiffs allege that while they were detained, the contractor's employees and military personnel...

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