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The Blackwater Killings Civil Suit VIII

Case File: Civil Lawsuit related to the September 9th, 2007 Assault



Adil Shikhayiss et al vs. Erik Prince

U.S. District Court for the Eastern District of Virginia

Case No.: 1:09-cv-01017-TSE-IDD

Filed on September 9th, 2009


On October 22nd, 2009 this case was consolidated with Blackwater Civil Cases Nos. I, II, III, VI, VII & IX.


October 22nd, 2009 - Order


“[…] It is hereby ordered that defendant's motion to consolidate is granted. Accordingly, this matter is consolidated with Nos. l:09cv615, l:09cv616, l:09cv617, l:09cv618, l:09cv645, and l:09cv1048 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 9th, 2009 - Civil Complaint


“[…] 3. Plaintiff Adil Lafta Miza'el Shikhayiss is a 37-year old citizen of Baghdad, Iraq. He was shot in the left leg on September 9, 2007.


“4. Plaintiff Mahdi Mohammed Salih Mahdi Al Sa'adi is a 35-year old citizen of Baghdad, Iraq. He was shot in the head on September 9, 2007.


“5. Plaintiff Ammar Ali Mahdi Abood Al Sa'adi is a 33-year old citizen of Baghdad, Iraq. He was assaulted by gunfire on September 9, 2007.


“6. Ali Mahdi Abood Al Sa'adi is a 61-year old citizen of Baghdad. He was assaulted on September 9, 2009. […]


“[…] 8. Defendant Erik Prince is a resident of McLean, Virginia, with business offices at 1650 Tysons Boulevard, McLean, Virginia 22102.


“9. Defendant Erik Prince created various corporate entities to serve as his alter ego. Mr. Prince created these corporate alter egos to obscure and hide his wrongdoing. He personally controls all actions by the corporate entities. These corporate entities do not abide by any corporate formalities. Funds are intermingled among the companies. Mr. Prince adds or subtracts funds from any given company to suit his own purposes without regard to any corporate formalities. […]


“[…] 14. Mr. Prince is personally responsible for the assaults on Plaintiffs because Mr. Liberty’s egregious misconduct 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 Mr. Liberty, to roam the streets of Baghdad killing innocent civilians.


“15. Mr. Prince personally intended that his private army of men kill and wound innocent Iraqis, including Plaintiffs here.


“16. Not all men employed by Mr. Prince participated in this private army intent on killing innocent Iraqis, but a substantial number did so. Those who killed and wounded innocent Iraqis tended to rise higher in Mr. Prince's organization than those who abided by the rule of law.


“17. Mr. Prince was well aware that his men, including his top executives in Moyock, North Carolina, viewed shooting innocent Iraqis as sport. […]”


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