West Virginia Attorney General JB McCuskey today is praising the Supreme Court’s decision in Hencely v. Fluor, ruling on the side of a veteran who was wounded in Afghanistan by a private contractor.
Attorney General McCuskey led a bipartisan amicus brief on behalf of West Virginia and 19 other states in the case, supporting Hencely.
“This brave soldier not only suffered tremendously while serving his country, but he also had to come home and fight for justice. We knew the lower courts got it wrong, and I’m proud the high court agreed with us. Today, justice prevailed,” Attorney General McCuskey said.
In a 6-3 decision, the Supreme Court allowed a lawsuit brought by a U.S. Army veteran to proceed, vacating a lower court ruling that dismissed it.
Winston Tyler Hencely was injured when a suicide bomb was detonated during a Veterans Day 5k run. The explosion killed 5 people and injured 16, including Hencely. The suicide vest was set off by a former Taliban insurgent who was working as a contractor for Fluor Corporation.
Hencely’s lawsuit against Fluor was filed in South Carolina for negligent hiring and supervision. Lower courts dismissed the case, ruling that federal contractors should be protected from lawsuits, just like the federal government, during times of combat. The Supreme Court Wednesday disagreed.
Read the Attorney General’s amicus brief here and the Supreme Court’s ruling here.
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