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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Blackwater Killings Civil Suit IX |
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Case File: Civil Lawsuit related to the
September 16th, 2007 Killings |
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Estate of Sa’adi Ali Abbas Husein et al
vs. Erik Prince U.S. District Court for the Eastern
District of Virginia Case No.: 1:09-cv-01048-TSE-IDD Filed on September 16th, 2009 On October 22nd, 2009 this case was
consolidated with Blackwater Civil Cases Nos. I, II, III, VI, VII & VIII. October 22nd, 2009 - Order “[…] It is hereby ordered that defendant’s motion to
consolidate is granted. Accordingly, this matter is consolidated with Nos.
1:09cv615, 1:09cv616, 1:09cv617, 1:09cv618, 1:09cv645, and 1:09cv1017 for all
pretrial purposes, including discovery and dispositive motions. “It is further ordered that defendant’s motion to
dismiss is granted in part, denied in part, and deferred in part.
Accordingly, Count 1 of the complaint in this case is dismissed with
prejudice insofar as it alleges violations of 18 U.S.C. § 1962(b). Count 1 is
dismissed with leave to amend to remedy, if appropriate pursuant to Rule 11,
Fed. R. Civ. P., the factual allegations as required to state a cognizable
claim alleging violations of 18 U.S.C. § 1962(c). Moreover, Count 2 is
dismissed with leave to amend to remedy, if appropriate pursuant to Rule 11,
Fed. R. Civ. P., the factual allegations as required to state a cognizable
claim under 28 U.S.C. § 1350. […]” October 15th, 2009 - Defendant’s Motion to
Dismiss Complaint or to Strike Certain Allegations “[…] Pursuant to Federal Rules of Civil Procedure
12(b)(1), 12(b)(6), and 12(f), Defendant Erik Prince hereby moves to dismiss
Plaintiffs’ Complaint or, in the alternative, to strike certain allegations
contained in the Complaint. “Defendant’s Motion to Dismiss should be granted for
the following reasons: (1) Plaintiffs do not have standing to pursue a claim
under the Racketeer Influenced and Corrupt Organizations Act (RICO) (18
U.S.C. §§ 1961-62, 1964) and have failed to state a claim under RICO; (2) Plaintiffs
fail to state a claim under the Alien Tort Statute (28 U.S.C. § 1350); (3)
the Complaint presents nonjusticiable political questions; (4) Plaintiffs
fail to state a claim under applicable Iraqi law; and (5) Plaintiffs fail to
allege that Defendant Prince is personally liable for their alleged injuries. “Defendant’s Motion to Strike should be granted
because Plaintiffs’ Complaint is replete with material that is scandalous,
impertinent, highly prejudicial, and irrelevant to the causes of action they assert. “The grounds for Defendant’s Motion are set forth
more fully in the accompanying Memorandum of Law. […]” September 16th, 2009 - Complaint & Jury
Demand “[…] 3. Plaintiff is the Estate of Sa’adi Ali Abbas
Husein. Before being shot and killed by Mr. Prince’s employees, Mr. Husein
was a 52-year old citizen of Baghdad, Iraq. He was shot and killed on
September 16, 2007. […] “[…] 10. On or about September 16, 2007, Mr.
Prince’s heavily armed employees drove into Nisoor Square in Baghdad and
opened fue on innocent civilians stopped in traffic. “11. Sa’adi Ali Abbas Husein was one of those struck
and killed by the wanton shooting of Mr. Prince’s employees. “12. Mr. Prince is personally responsible for the
assaults on Mr. Husein because the egregious misconduct of Mr. Prince and his
employees was not an isolated or aberrational act. Rather, as will be shown
by reasonable discovery, Mr. Prince personally directed and permitted a
heavily-armed private army, including but not limited to the shooters at
Nisoor Square, to roam the streets of Baghdad killing innocent civilians. “13. Mr. Prince personally intended that his private
army of men kill and wound innocent Iraqis, including Mr. Husein. […]” |
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