Attorney General Jeff Jackson has joined a bipartisan group of attorneys general in supporting veteran Winston Hencely’s lawsuit against Fluor Corporation, a military contractor. The case centers on an incident at Bagram Airfield in Afghanistan in 2011, where Ahmad Nayeb, hired by Fluor, created and detonated a suicide bomb that killed five people and injured 16 others during a Veterans Day event. Hencely was among those injured.
Hencely’s lawsuit accuses Fluor of negligent hiring and supervision after Nayeb used materials from the base to construct the explosive device. Lower courts dismissed the suit, citing protections for federal contractors similar to those given to the federal government for actions related to military combat activities during wartime.
The attorneys general argue that these rulings go beyond what Congress intended by extending legal immunity to private contractors. They contend this undermines state authority to hold parties accountable through tort law and could leave service members and civilians without legal options if harmed by contractor negligence.
“If private companies act negligently and endanger our service members, then those companies should be held responsible,” said Attorney General Jeff Jackson. “I urge the Supreme Court to allow this service member’s case to move forward.”
The coalition is urging the Supreme Court to overturn the lower court decisions and permit Hencely’s case against Fluor Corporation to proceed. Attorneys general from Alabama, Arkansas, Delaware, Florida, Idaho, Indiana, Kansas, Louisiana, Minnesota, Mississippi, Montana, Nebraska, New Mexico, Oklahoma, Oregon, South Carolina, South Dakota, Texas and West Virginia have joined Jackson in filing a brief with the Supreme Court.
A copy of the brief is available online.
