Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case

(William S. Dodge – Just Security) Between October and December 2003, interrogators hired by CACI Premier Technology, Inc., along with members of the U.S. military, abused detainees at Abu Ghraib prison in Iraq, subjecting them to sexual assault, forced nudity, dog threats and attacks, prolonged stress positions, and threats. In 2008, some of the detainees sued CACI in the Eastern District of Virginia, bringing 20 causes of action under the Alien Tort Statute (ATS) and state tort law. Over 16 years and five appeals, the causes of action were winnowed to just two ATS claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment (CIDT). In 2024, a jury found CACI liable on these two claims, awarding each of three plaintiffs $3 million in compensatory damages and $11 million in punitive damages. On March 12, 2026, in Al Shimari v. CACI Premier Technology, Inc., the U.S. Court of Appeals for the Fourth Circuit affirmed in a two-to-one decision. Writing for the panel majority, Senior Judge Henry F. Floyd rejected a host of challenges to the verdict. He held that the plaintiffs’ claims were not impermissibly extraterritorial, both because the United States, rather than Iraq, exercised control over Abu Ghraib and because conduct violating international law occurred in the United States. He also held that it was appropriate to recognize claims for conspiracy to commit torture and CIDT because conspiracy is well-established in international law and holding U.S. contractors liable raised no foreign relations concerns. Judge A. Marvin Quattlebaum, Jr. dissented, disagreeing on both points. The Fourth Circuit’s decision represents a remarkable victory for plaintiffs in a hard-fought case. But the fight may not be over. The U.S. Supreme Court has granted cert in Cisco Systems, Inc. v. Doe to decide whether aiding and abetting claims are actionable under the ATS (and another statute, the Torture Victim Protection Act, not at issue here). Although Al Shimari is distinguishable, factually and legally, what the Supreme Court decides in Cisco may well determine the ultimate outcome in Al Shimari. – Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case