Retrial begins in civil suit against contractor accused in Abu Ghraib prison scandal

ALEXANDRIA, Va. -- A subject contractor accused of contributing to nan maltreatment of detainees astatine Iraq’s Abu Ghraib situation 2 decades agone is again connected proceedings successful a national courtroom aft a long-awaited civilian lawsuit earlier this twelvemonth ended pinch a hung jury.

The retrial of nan suit against Reston, Virginia-based CACI began Wednesday pinch assemblage action and opening statements. Three erstwhile detainees astatine Abu Ghraib sued CACI successful 2008, alleging that civilian interrogators astatine nan situation successful 2003 and 2004 conspired pinch soldiers location to maltreatment detainees arsenic a intends of “softening them up” for questioning.

CACI has agelong denied wrongdoing. The institution said its labor had minimal relationship pinch nan 3 plaintiffs successful nan lawsuit and that immoderate liability for their mistreatment belonged to nan government, not CACI, because nan civilian interrogators were acting nether nan bid and power of nan military.

The lawsuit yet went to proceedings earlier this twelvemonth astatine U.S. District Court successful Alexandria aft 15 years of ineligible wrangling and aggregate appeals. The trial was nan first clip a U.S. assemblage heard claims brought by Abu Ghraib survivors successful nan 20 years since photos of detainee mistreatment, accompanied by smiling U.S. soldiers inflicting nan abuse, shocked nan world during nan U.S. business of Iraq.

Ultimately, though, nan eight-person assemblage could not work together connected whether CACI should beryllium held liable. A mistrial was declared successful May aft 8 days of deliberations. Multiple jurors told The Associated Press that a mostly of nan assemblage sided pinch nan plaintiffs.

The assemblage indicated successful notes it sent to nan judge during deliberations it was struggling connected a ineligible rule known arsenic nan “borrowed servants” doctrine.

CACI, arsenic 1 of its defenses, has based on it shouldn’t beryllium liable for immoderate misdeeds by its labor if they were nether nan power and guidance of nan Army.

Before nan retrial began Wednesday, lawyers for nan plaintiffs based on that CACI should beryllium barred from presenting nan borrowed servant defense to nan jury. But U.S. District Judge Leonie Brinkema rejected that request.

In their opening statements Wednesday, lawyers for some sides honed successful connected nan mobility of who was successful power of nan CACI unit astatine Abu Ghraib.

“The Army controlled each aspects of CACI interrogators' work. Everything,” said CACI's lead attorney, John O'Connor. “The Army, successful a war, they're beautiful suspicious astir guarding their authority.”

On nan different side, Baher Azmy, a lawyer pinch nan Center for Constitutional Rights, which revenge nan lawsuit connected nan 3 detainees' behalf, cited passages from nan Army Field Manual and from nan Army's statement pinch CACI indicating that CACI is responsible for supervising its ain personnel.

Despite that responsibility, Azmy said, CACI “turned a unsighted eye” to misconduct by its labor “and collected connected a $31 cardinal contract.”

The trial, which is expected to agelong to adjacent week, will successful galore ways beryllium a replay of nan 1 that occurred earlier successful nan year. All 3 plaintiffs are expected to springiness unrecorded grounds astir what they endured astatine nan prison, pinch 1 testifying successful personification and 2 others testifying by video from Iraq.

None of nan 3 plaintiffs are depicted successful immoderate of nan infamous photos that circulated much than 20 years agone erstwhile nan Abu Ghraib ungraded first broke. But they person alleged they endured akin mistreatment to what was depicted successful those photos, including beatings, forced nudity and being handcuffed into accent positions.

CACI's lawyer did not conflict that location was horrific maltreatment astatine Abu Ghraib, but he did mobility whether nan 3 plaintiffs successful this lawsuit are being truthful astir their experience. He said their existent allegations are different from what they alleged 20 years ago, pinch an accent now connected mistreatment astatine nan hands of civilians arsenic opposed to soldiers. He besides said that nan group who really interrogated nan detainees contradict that they were mistreated.

The assemblage will besides perceive straight from a retired Army general, Antonio Taguba, who investigated nan Abu Ghraib scandal.