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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Blackwater Killings Civil Suit VIII |
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Case File: Civil Lawsuit related to the
September 9th, 2007 Assault |
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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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