In re Xe Services Alien Tort Litigation
United States District Court for the Eastern District of Virginia
665 F. Supp. 2d 569 (2009)
- Written by Tammy Boggs, JD
Facts
A group of Iraqi nationals or estates of deceased Iraqis (together, the Iraqis) (plaintiffs) sued business entities associated with Xe Services (together, Xe) and Xe’s owner and operator, Erik Prince (defendants) under the Alien Tort Statute (ATS). Xe was contractually retained by the United States to perform security services in Iraq during a time of war. The Iraqis alleged that Xe and by extension Prince had fostered a corporate culture in which excessive use of deadly force went unpunished. Xe also allegedly hired security personnel known to be alcoholics or drug users. In one specifically alleged instance, a guard employed by Xe became extremely intoxicated at a Christmas party, got lost, and shot and killed an innocent Iraqi. Other Xe employees failed to prevent the heavily intoxicated guard from leaving the party. The Iraqis alleged that Xe and Prince had intentionally killed or inflicted serious bodily injury on the Iraqis through their corporate policies or hiring practices. In addition, Xe allegedly summarily executed two Iraqis. There was no allegation that the U.S. government condoned or encouraged Xe’s actions. Xe and Prince filed a motion to dismiss, arguing that the Iraqis had failed to state a cause of action.
Rule of Law
Issue
Holding and Reasoning (Ellis III, J.)
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