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The Blackwater Killings Civil Suit VII

Case File: Civil Lawsuit for the August 13th, 2007 Killing



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



July 17th, 2009 - Order


“[…] 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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