UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT SUHAIL NAJIM

119 Pages·2012·0.83 MB·English

Filed: May 14, 2012

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-1335
(1:08-cv-00827-GBL-JFA)

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,

PROFESSORS OF CIVIL PROCEDURE AND FEDERAL COURTS, Erwin
Chemerinsky, Dean and Distinguished Professor of Law,
University of California, Irvine School of Law, Eric M.
Freedman, Maurice A. Deane Distinguished Professor of
Constitutional Law, Hofstra University School of Law,
Jennifer M. Green, Director, Human Rights Litigation and
International Advocacy Clinic, University of Minnesota Law
School, Jonathan Hafetz Associate Professor of Law, Seton
Hall University School of Law, Alan B. Morrison, Lerner
Family Associate Dean for Public Interest and Public Service
Law, George Washington University School of Law, Stephen I.
Vladeck, Professor of Law and Associate Dean for
Scholarship, American University Washington College of Law;
RETIRED MILITARY OFFICERS; EARTHRIGHTS INTERNATIONAL;
INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS AND EXPERTS, Human
Rights First, The Center for Victims of Torture, The
International Commission of Jurists, The Working Group
Established by the Commission on Human Rights on the Use of
Mercenaries as a Means of Violating Human Rights and
Impeding the Exercise of the Right of Peoples to Self-
Determination, Human Rights Watch, Ilias Bantekas, John
Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller,
Michael Newton, Marco Sassoli, Gary Solis, Scott M.
Sullivan, Dr. Anicee Van Engeland,

Amici Supporting Appellees,

UNITED STATES OF AMERICA,

Amicus Curiae.

No. 10-1891
(8:08-cv-01696-PJM)

WISSAM ABDULLATEFF SA'EED AL-QURAISHI,

Plaintiff - Appellee,

v.

L-3 SERVICES, INCORPORATED,

Defendant – Appellant,

and

ADEL NAKHLA; CACI INTERNATIONAL, INCORPORATED; CACI PREMIER
TECHNOLOGY, INCORPORATED,

Defendants.

--------------------

PROFESSORS OF CIVIL PROCEDURE AND FEDERAL COURTS, Erwin
Chemerinsky, Dean and Distinguished Professor of Law,
University of California, Irvine School of Law, Eric M.
Freedman, Maurice A. Deane Distinguished Professor of
Constitutional Law, Hofstra University School of Law,
Jennifer M. Green, Director, Human Rights Litigation and
2
International Advocacy Clinic, University of Minnesota Law
School, Jonathan Hafetz Associate Professor of Law, Seton
Hall University School of Law, Alan B. Morrison, Lerner
Family Associate Dean for Public Interest and Public Service
Law, George Washington University School of Law, Stephen I.
Vladeck, Professor of Law and Associate Dean for
Scholarship, American University Washington College of Law;
RETIRED MILITARY OFFICERS; EARTHRIGHTS INTERNATIONAL;
INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS AND EXPERTS, Human
Rights First, The Center for Victims of Torture, The
International Commission of Jurists, The Working Group
Established by the Commission on Human Rights on the Use of
Mercenaries as a Means of Violating Human Rights and
Impeding the Exercise of the Right of Peoples to Self-
Determination, Human Rights Watch, Ilias Bantekas, John
Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller,
Michael Newton, Marco Sassoli, Gary Solis, Scott M.
Sullivan, Dr. Anicee Van Engeland,

Amici Supporting Appellee,

UNITED STATES OF AMERICA,

Amicus Curiae.

No. 10-1921
(8:08-cv-01696-PJM)

WISSAM ABDULLATEFF SA'EED AL-QURAISHI,

Plaintiff - Appellee,

v.

ADEL NAKHLA,

Defendant – Appellant,

and

L-3 SERVICES, INCORPORATED; CACI INTERNATIONAL,
INCORPORATED; CACI PREMIER TECHNOLOGY, INCORPORATED,

Defendants.

3
--------------------

PROFESSORS OF CIVIL PROCEDURE AND FEDERAL COURTS, Erwin
Chemerinsky, Dean and Distinguished Professor of Law,
University of California, Irvine School of Law, Eric M.
Freedman, Maurice A. Deane Distinguished Professor of
Constitutional Law, Hofstra University School of Law,
Jennifer M. Green, Director, Human Rights Litigation and
International Advocacy Clinic, University of Minnesota Law
School, Jonathan Hafetz Associate Professor of Law, Seton
Hall University School of Law, Alan B. Morrison, Lerner
Family Associate Dean for Public Interest and Public Service
Law, George Washington University School of Law, Stephen I.
Vladeck, Professor of Law and Associate Dean for
Scholarship, American University Washington College of Law;
RETIRED MILITARY OFFICERS; EARTHRIGHTS INTERNATIONAL;
INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS AND EXPERTS, Human
Rights First, The Center for Victims of Torture, The
International Commission of Jurists, The Working Group
Established by the Commission on Human Rights on the Use of
Mercenaries as a Means of Violating Human Rights and
Impeding the Exercise of the Right of Peoples to Self-
Determination, Human Rights Watch, Ilias Bantekas, John
Cerone, Geoffrey Corn, David Glazier, Kevin Jon Heller,
Michael Newton, Marco Sassoli, Gary Solis, Scott M.
Sullivan, Dr. Anicee Van Engeland,

Amici Supporting Appellee,

UNITED STATES OF AMERICA,

Amicus Curiae.

O R D E R

The Court amends its opinion filed May 11, 2012, as
follows:
On page 9, attorney information section, line 17, the
names of “Raymond B. Biagini, Lawrence S. Ebner, MCKENNA LONG &
ALDRIDGE LLP, Washington, D.C., for Kellogg Brown & Root
Services, Incorporated, Amicus Supporting Appellants CACI
4
International, Incorporated, and CACI Premier Technology,
Incorporated” are added.
For the Court – By Direction

/s/ Patricia S. Connor
Clerk
5
ON REHEARING EN BANC
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

(cid:252)
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,
(cid:253)
Defendants-Appellants. No. 09-1335
KELLOGG BROWN & ROOT SERVICES,
INCORPORATED,
Amicus Supporting Appellants,
PROFESSORS OF CIVIL
PROCEDURE AND FEDERAL COURTS,
Erwin Chemerinsky, Dean and
Distinguished Professor of Law,
University of California, Irvine
(cid:254)
School of Law,
2 AL SHIMARI v. CACI INTERNATIONAL

(cid:252)
Eric M. Freedman, Maurice A.
Deane Distinguished Professor of
Constitutional Law, Hofstra
University School of Law, Jennifer
M. Green, Director, Human Rights
Litigation and International
Advocacy Clinic, University of
Minnesota Law School, Jonathan
Hafetz Associate Professor of
Law, Seton Hall University School
of Law, Alan B. Morrison, Lerner
Family Associate Dean for Public
(cid:253)
Interest and Public Service Law,
George Washington University
School of Law, Stephen I.
Vladeck, Professor of Law and
Associate Dean for Scholarship,
American University Washington
College of Law; RETIRED MILITARY
OFFICERS; EARTHRIGHTS
INTERNATIONAL; INTERNATIONAL
HUMAN RIGHTS ORGANIZATIONS AND
EXPERTS, Human Rights First, The
Center for Victims of Torture, The
International Commission of
(cid:254)
Jurists,
AL SHIMARI v. CACI INTERNATIONAL 3

(cid:252)
The Working Group Established
by the Commission on Human
Rights on the Use of Mercenaries
as a Means of Violating Human
Rights and Impeding the Exercise
of the Right of Peoples to Self-
Determination, Human Rights
Watch, Ilias Bantekas, John
(cid:253)
Cerone, Geoffrey Corn, David
Glazier, Kevin Jon Heller, Michael
Newton, Marco Sassoli, Gary
Solis, Scott M. Sullivan, Dr.
Anicee Van Engeland,
Amici Supporting Appellees,
UNITED STATES OF AMERICA,
(cid:254)
Amicus Curiae.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Gerald Bruce Lee, District Judge.
(1:08-cv-00827-GBL-JFA)

(cid:252)
WISSAM ABDULLATEFF SA’EED AL-
QURAISHI,
Plaintiff-Appellee, (cid:253)
No. 10-1891
L-3 SERVICES, INCORPORATED,
Defendant-Appellant,
(cid:254)
and
4 AL SHIMARI v. CACI INTERNATIONAL

(cid:252)
ADEL NAKHLA; CACI
INTERNATIONAL, INCORPORATED;
CACI PREMIER TECHNOLOGY,
INCORPORATED,
Defendants.
PROFESSORS OF CIVIL
PROCEDURE AND FEDERAL COURTS,
Erwin Chemerinsky, Dean and
Distinguished Professor of Law,
University of California, Irvine
School of Law, Eric M. Freedman,
Maurice A. Deane Distinguished
Professor of Constitutional Law, (cid:253)
Hofstra University School of Law,
Jennifer M. Green, Director,
Human Rights Litigation and
International Advocacy Clinic,
University of Minnesota Law
School, Jonathan Hafetz Associate
Professor of Law, Seton Hall
University School of Law, Alan B.
Morrison, Lerner Family Associate
Dean for Public Interest and
Public Service Law, George
Washington University School of
Law, Stephen I. Vladeck,
Professor of Law and Associate
Dean for Scholarship, American
University Washington College of
(cid:254)
Law; RETIRED MILITARY OFFICERS;
AL SHIMARI v. CACI INTERNATIONAL 5

(cid:252)
EARTHRIGHTS INTERNATIONAL;
INTERNATIONAL HUMAN RIGHTS
ORGANIZATIONS AND EXPERTS,
Human Rights First, The Center
for Victims of Torture, The
International Commission of
Jurists, The Working Group
Established by the Commission on
Human Rights on the Use of
Mercenaries as a Means of
Violating Human Rights and
(cid:253)
Impeding the Exercise of the
Right of Peoples to Self-
Determination, Human Rights
Watch, Ilias Bantekas, John
Cerone, Geoffrey Corn, David
Glazier, Kevin Jon Heller, Michael
Newton, Marco Sassoli, Gary
Solis, Scott M. Sullivan, Dr.
Anicee Van Engeland,
Amici Supporting Appellee,
UNITED STATES OF AMERICA,
(cid:254)
Amicus Curiae.