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Abu Ghraib Service Contractors Immune From Tort Claims


In a 2-1 decision in Saleh v. Titan Corp. (D.C. Cir. Sept. 11, 2009), the D.C. Circuit has adopted the Boyle 'government contractor defense' to provide immunity from all state tort claims for certain service contractors. Extending the defense to military contractors providing services to the U.S. Government's prison in Abu Ghraib, Iraq, the court held, "During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor's engagement in such activities shall be preempted."

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Brian C. Elmer
Retired Partner – Washington, D.C.