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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Blackwater Killings Civil Suit VII |
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Case File: Civil Lawsuit for the August
13th, 2007 Killing |
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Estate of Husain Salih Rabea & Ali
Kareem Fakhri vs. Erik Prince, Xe, Blackwater Worldwide et al U.S. District Court for the Eastern
District of Virginia Case No.: 1:09-cv-00645-CMH-JFA Filed on June 10th, 2009 On
July 17th, 2009 this case was consolidated with Blackwater Civil
Cases, Nos. I, II, III, VI, VIII & IX. July
17th, 2009 - Order July
13th, 2009 - Defendants’
Motion to Dismiss Plaintiffs’ Complaint June
10th, 2009 - Civil Complaint “[…] It appears from a review of the record that
this case presents certain legal issues essentially identical to those
presented in four additional civil matters also pending in this division, namely
1:09cv616, 1:09cv617, 1:09cv618 and 1:09cv645. It also appears that all of
the plaintiffs in these five related matters are represented by the same
counsel, as are all of the defendants. “Accordingly, for the reasons stated from the Bench,
and for purposes of judicial economy, It is hereby ordered that civil actions
1:09cv616, 1:09cv617, 1:09cv618 and 1:09cv645, which actions are currently
assigned to other judges in this division, are reassigned to the undersigned
district judge for the limited purpose of discovery and pre-trial motions. “It is further ordered that this matter is
consolidated with 1:09cv616, 1:09cv617, 1:09cv618 and 1:09cv645 for all
pretrial purposes, including discovery and dispositive motions. Whether the
matters will ultimately require separate trials to be presided over by the
originally assigned judges is a question that will be addressed at a later
date. […] “It is further ordered that defendants’ motion to
stay discovery […] is granted and discovery in each of these five consolidated
civil actions is accordingly stayed pending resolution of the motions to
dismiss filed by defendants in these matters. “It is further ordered that a hearing on all motions
to dismiss filed by defendants in these five consolidated civil actions is
scheduled for 2:00 p.m., Friday, August 28, 2009. […]” July 13th, 2009 - Defendants’ Motion to Dismiss Plaintiffs’ Complaint “[…] Pursuant to Federal Rules of Civil Procedure
12(b)(1), 12(b)(6), 17(b)(3), and 21, Defendants hereby move to dismiss
Plaintiffs’ Complaint. Dismissal is required for the following reasons: (1)
Plaintiffs fail to state a claim under the Alien Tort Statute (28 U.S.C. §
1350) and without this claim there is no basis for federal jurisdiction; (2)
the Complaint presents nonjusticiable political questions; (3) Plaintiffs
fail to state a claim under applicable Iraqi law; (4) Plaintiffs’ claims must
be dismissed under the government contractor defense; (5) Plaintiffs’ claims
are barred by absolute immunity; (6) Plaintiffs have not established capacity
to sue; (7) Plaintiffs have failed to state a claim against certain
Defendants; and (8) Plaintiffs have sued a non-legal entity. “The grounds for Defendants’ Motion are set forth in
the accompanying Memorandum of Law. […]” June 10th, 2009 - Civil Complaint “[…] 5. Plaintiff is the Estate of Husain Salih
Rabea. On August 13, 2007, Xe-Blackwater shooters shot Mr. Rabea, a 72-year
old Iraqi, for no reason, and departed without stopping to offer any medical
aid. Shortly thereafter, Mr. Rabea died from the gunshot wounds, leaving
behind five sons and three daughters. “6. Plaintiff Ali Kareem Fakhri is a student at the
Babylon University College of Biology. On August 13, 2007, as Mr. Fakhri was
driving on a public roadway in Hilla, Xe-Blackwater shooters opened fire on
him for no reason. Mr. Fakhri watched in horror as the Xe-Blackwater shooters
hit an elderly man in a nearby car. […] “[…] 13. On August 13, 2007, Xe-Blackwater shooters
fired their weapons without care or cause. Such willful and wanton conduct on
that date is part of larger pattern of misconduct by Xe-Blackwater that
evinces a conscious disregard for the safety of others. “14. Xe-Blackwater has a pattern and practice of
recklessness in the use of excessive and deadly force. “15. Xe-Blackwater hires persons known to have been
violent in the past, including former military officials known to have been involved
in human rights abuses in Latin American and elsewhere. […] “[…] 19. Xe-Blackwater videotaped and audiotaped
reckless and dangerous behavior by its shooters. Yet Xe-Blackwater did not
investigate, report or punish the demonstrable misconduct. Instead,
Xe-Blackwater intentionally destroyed the tapes. “20. Xe-Blackwater constantly operates in an illegal
fashion, sending a clear message to its personnel that they should consider
themselves free to act with impunity. As but one recent example, Xe-Blackwater
continues to provide armed protection services in Iraq despite the fact the
Iraqi government has refused to grant Xe-Blackwater the licenses needed to do
business and carry weapons in Iraq. “21. That is, Xe-Blackwater is providing armed
protection services under contract to the International Republican Institute
(‘IRI’), an American government-funded organization operating in Iraq.
Xe-Blackwater, seeking to obscure its continued illegal operation in Iraq,
directed its employees to enter into new contracts under the Greystone name
rather than the Blackwater name. But Greystone is simply another corporate
incarnation of Xe-Blackwater, and is not licensed to carry weapons in Iraq.
[…]” |
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