Al Shimari v. Dugan et al

Filing 28

AMENDED COMPLAINT against all defendants, filed by Suhail Najim Abdullah Al Shimari.(Burke, Susan)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA SUHAIL NAJIM ABDULLAH AL SHIMARI TAHA YASEEN ARRAQ RASHID SA'AD HAMZA HANTOOSH AL-ZUBA'E SALAH HASAN NUSAIF JASIM AL-EJAILI Plaintiffs, v. CACI INTERNATIONAL, INC. 1100 North Glebe Road, Arlington, Virginia 22201 CACI PREMIER TECHNOLOGY, INC. 1100 North Glebe Road, Arlington, Virginia 22201 Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 08-cv-0827 GBL-JFA CIVIL COMPLAINT JURY DEMAND

AMENDED COMPLAINT 1. Plaintiffs are four Iraqi victims of the Abu Ghraib prison abuse scandal. As was

well-publicized in the spring of 2004, detainees at the "hard site" within Abu Ghraib prison were brutally tortured and abused by persons conspiring together. Included among the conspirators inflicting severe pain on Plaintiffs were numerous employees of a defense contractor called "CACI." Indeed, according to post-conviction testimony and statements by military coconspirators (now serving time in military prison in Fort Leavenworth, Kansas), CACI

employees Steven Stefanowicz ("Big Steve") and Daniel Johnson ("DJ") directed and caused some of the most egregious torture and abuse at Abu Ghraib.

JURISDICTION AND VENUE
2. This Court has original jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1332 (diversity jurisdiction); 28 U.S.C. § 1350 (Alien Tort Statute); and 28 U.S.C. § 1367 (supplemental jurisdiction). 3. Venue is proper pursuant to U.S.C. § l391(a)(3) and § 1391(b)(2). PARTIES 4. Plaintiff Suhail Najim Abdullah Al Shimari resides in Baghdad, Iraq.

He is an innocent Iraqi who was badly tortured by Defendants CACI International Inc. and its wholly-owned subsidiary CACI Premier Technology (hereinafter collectively "CACI") and their co-conspirators. He suffered and continues to suffer from physical and mental injuries caused by the torture. 5. Plaintiff Taha Yaseen Arraq Rashid resides in Baghdad, Iraq. He is an innocent

Iraqi who was badly tortured by CACI and its co-conspirators. He suffered and continues to suffer from physical and mental injuries caused by the torture. 6. Plaintiff Sa'ad Hamza Hantoosh Al-Zuba'e resides in Baghdad, Iraq. He is an

innocent Iraqi who was badly tortured by CACI and its co-conspirators. He suffered and continues to suffer from physical and mental injuries caused by the torture. 7. Plaintiff Salah Hasan Nusaif Jasim Al-Ejaili resides in Qatar. He is an innocent

Iraqi who was badly tortured by CACI and its co-conspirators. He suffered and continues to suffer from physical and mental injuries caused by the torture.

2

8.

Defendant CACI International Inc. is a publicly-traded Delaware corporation with

headquarters located at 1100 North Glebe Road, Arlington, Virginia 22201. 9. Defendant CACI Premier Technology, Inc. is a wholly-owned subsidiary and alter

ego of CACI Intemational Inc., and is also located at 1100 North Glebe Road, Arlington, Virginia 22201. 10. CACI received hundreds of millions of dollars from the United States in exchange

for providing the United States Army with services, including interrogation services. THE TORTURE OF SUHAIL NAJIM ABDULLAH AL SHIMARl 11. Mr. Al Shimari was imprisoned at the Abu Ghraib hard site for approximately two

months after being arrested on or about November 7, 2003. 12. 13. 14. 15. 16. 17. 18. temperatures. 19. 20. 21. Mr. Al Shimari was stripped naked and kept naked in his cell. Mr. Al Shimari was threatened with death. Mr. Al Shimari was kept naked and forced to engage in physical Mr. Al Shimari was subjected to electric shocks. Mr. Al Shimari was struck with a baton-like instrument. Mr. Al Shimari was beaten. Mr. Al Shimari was deprived of food. Mr. Al Shimari was deprived of sleep for extended periods of time. Mr. Al Shimari was threatened with dogs. Mr. Al Shimari was subjected to sensory deprivation and to extreme

activities to the point of exhaustion. 22. Mr. Al Shimari was forcibly shaved.

3

23. 24.

Mr. Al Shimari was kept in a cage. Mr. Al Shimari was forced to watch as CACI and its co-conspirators choked

another prisoner. 25. Mr. Al Shimari was released on or about March 27, 2008, without ever being

charged with any crime. THE TORTURE OF TAHA YASEEN ARRAQ RASHID 26. Mr. Rashid was imprisoned at the Abu Ghraib hard site for approximately three

months after being arrested on or about September 22, 2003. 27. 28. 29. 30. 31. 32. Mr. Rashid was stripped and kept naked. Mr. Rashid was deprived of oxygen. Mr. Rashid was subjected to sensory deprivation. Mr. Rashid was placed in stress positions for extended periods of time. Mr. Rashid was deprived of food and water. Mr. Rashid was forcibly subjected to sexual acts by a female as he was cuffed and

shackled to cell bars. 33. 34. 35. 36. Mr. Rashid was beaten with wooden sticks. Mr. Rashid was repeatedly shot in the head with a taser gun. Mr. Rashid was subjected to electric shocks. Mr. Rashid suffered from a broken arm, broken leg, inability to walk and loss of

vision as a result of the beatings. 37. 38. 39. Mr. Rashid was dragged by a rope where part of it was tied tightly to his penis. Mr. Rashid was hung from the ceiling by a rope tied around his chest. Mr. Rashid was subjected to mock execution. 4

40.

Mr. Rashid was subjected to having woman's underwear placed over his head

while handcuffed. 41. detainee. 42. 43. Mr. Rashid was forced to watch as the conspirators raped a female prisoner. Mr. Rashid was removed from his cell by stretcher and hidden from the Mr. Rashid was subjected to being detained naked in the same cell as a female

International Committee of the Red Cross ("ICRC"), who visited Abu Ghraib shortly after Mr. Rashid had been brutally and repeatedly beaten. 44. Mr. Rashid was released on or about May 6, 2005 without ever being charged

with any crime. THE TORTURE OF SA'AD HAMZA HANTOOSH AL ZUBA'E 45. Mr. Al-Zuba'e was imprisoned at the Abu Ghraib hard site for approximately one

year after being arrested on or about November 1, 2003. 46. 47. 48. Mr. Al-Zuba'e was repeatedly beaten. Mr. Al-Zuba'e was stripped and kept naked. Mr Al-Zuba'e was subjected to extremes of temperature and to having cold water

poured over his naked body. 49. 50. 51. 52. Mr. Al-Zuba'e was hooded and chained to the bars of his cell. Mr. Al-Zuba'e was threatened with unleashed dogs. Mr. Al-Zuba'e was beaten on his genitals with a stick. Mr. Al-Zuba'e was imprisoned in a solitary cell in conditions of sensory

deprivation for almost a full year.

5

53.

Mr. Al-Zuba'e was released from Abu Ghraib on or about October 24, 2004,

without ever being charged with a crime. THE TORTURE OF SALAH HASAN NUSAIF JASIM AL-EJAILI 54. Mr. Al-Ejaili was imprisoned in the Abu Ghraib hard site after being arrested on

or about November 3, 2003. 55. 56. 57. deprivation. 58. Mr. Al-Ejaili was subjected to extremes of temperature, with both hot and cold Mr. Al-Ejaili was subjected to repeated beatings. Mr. Al-Ejaili was stripped and kept naked. Mr. Al-Ejaili was imprisoned in a solitary cell in conditions of sensory

water thrown on his naked body. 59. 60. Mr. Al-Ejaili was placed in stress positions for extended periods of time. Mr. Al-Ejaili was threatened with unleashed dogs.

61. Mr. Al-Ejaili was deprived of food. 62. Mr. Al-Ejaili was deprived of sleep. 63. Mr. Al-Ejaili was released from Abu Ghraib on or about February 1, 2004, without ever being charged with a crime. THE TORTURE CONSPIRACY 64. All of these harms were inflicted on Plaintiffs by groups of persons conspiring together to torture detainees kept at the Abu Ghraib hard site. 65. Among the conspirators were CACI employees Big Steve, DJ, Timothy Dugan. Reasonable discovery likely will establish that other CACI employees also participated in the ongoing conspiracy to torture Plaintiffs and other prisoners.

6

66. Sworn and unsworn testimony from military co-conspirators describe CACI employees Steven Stefanowicz and Daniel Johnson as among those interrogators who most frequently directed that detainees be tortured. 67. Big Steve, DJ and other corporate employees instigated, directed, participated in, aided and abetted conduct towards detainees that clearly violated the Geneva Conventions, the Army Field Manual, and the laws of the United States. 68. Reasonable discovery will establish that Big Steve, DJ, and other CACI employees and their co-conspirators attempted to avoid detection by treating certain detainees as "ghost detainees." That term was the conspiracy's code word for those prisoners who were never recorded as having been detained. 69. The conspiracy intentionally failed to record persons as detained at Abu Ghraib in order to try to prevent the Red Cross from visiting with them and learning of the torture. 70. Reasonable discovery will establish that CACI employees repeatedly conspired with military personnel to give Plaintiffs the "special treatment," which was code for torture of the type endured by Plaintiffs in the hard site. 71. CACI employees repeatedly conspired with military personnel to harm Plaintiffs in the various manners and methods referred to above. 72. The acts of CACI employees constitute acts of CACI. CACI conveyed its intent to

join the conspiracy, and ratified its employees' participation in the conspiracy, by making a series of verbal statements and by engaging in a series of criminal acts of torture alongside and in conjunction with several co-conspirators.

7

73.

CACI's motivation was wholly financial -- it made millions of dollars as a result

of keeping quiet about and participating in the conspiracy to torture and mistreat plaintiffs. CACI COULD HAVE PREVENTED AND STOPPED THEIR EMPLOYEES FROM TORTURING PLAINTIFFS 74. CACI Premier Technology is an alter ego of CACI International Inc., not a

separate fully capitalized business governed and controlled by independent executives with full autonomy. 75. CACI International Inc. wholly owns and controls CACI Premier

Technology, and operates CACI Premier Technology as one of its corporate divisions. CACI International Inc. executives controlled how and whether CACI Premier Technology did business in Iraq. 76. CACI admitted in litigation pending in the District of Columbia that it had the

ability to control, direct and influence the actions performed by employees. 77. 78. employees. 79. 80. CACI at all times retained the ability to stop employees from torturing plaintiffs. CACI is responsible for the actions taken by their employees towards plaintiffs. CACI AND ITS CO-CONSPIRATORS TOOK STEPS TO COVER UP THE SCOPE AND EXTENT OF TORTURE 79. Reasonable discovery will establish that, in addition to participating in the actual physical and mental abuse of the plaintiffs, CACI participated in other conspiratorial misconduct, including, but not limited to: (a) destroying documents, videos, and photographs, CACI had the ability to prevent employees from torturing plaintiffs. CACI at all times were obliged by the terms of its contract to supervise their

8

(b) preventing the reporting of the torture and abuse to nonconspiring authorities, the ICRC, and the media, (c) hiding plaintiff and other prisoners from the ICRC, and (d) misleading non-conspiring military and government officials about the state of affairs at the prisons. CACI IS ENGAGED IN ONGOING EFFORTS TO COVER UP THE TORTURE 81. CACI has been an ongoing part of this conspiratorial campaign to prevent the

truth about the torture, and CACI's participation, from ever being known to the public. 82. CACI embarked upon a campaign of intimidation to suppress any coverage or

investigation of their role in the conspiracy. CACI repeatedly had its lawyers send letters threatening legal action to reporters who were considering reporting on CACI's role in the torture and mistreatment of prisoners. 83. As part of this campaign of intimidation, CACI brought a frivolous lawsuit

against a radio station. CACI lost the lawsuit. 84. Reasonable discovery will establish that CACI did not anticipate being able to

prevail in the lawsuit, but rather brought it in order to intimidate media members who otherwise would have reported more fully on CACI's role in the torture. 85. CACI has repeatedly made, and continues to make, knowingly false statements to

the effect that none of its employees was involved in torturing prisoners. In fact, co-conspirators have admitted that CACI corporate employees were involved in the torture. 86. CACI's former Chief Executive Officer has written a book called Our Good

Name, claiming that CACI has conducted a thorough investigation, and found none of its employees at fault. Based on the description of the investigation found in this book, CACI's 9

87.

Nor does CACI's "thorough investigation" include interviews with the CACI

employee Torin Nelson, who blew the whistle on the misconduct of his colleagues. 88. The book falsely claims that the publicly-released photographs of torture at Abu

Ghraib do not show any CACI employees. In fact, there is a photograph of Daniel Johnson interrogating a prisoner in a dangerous and harmful stress position not authorized by the relevant military regulations governing interrogation nor by any military personnel. 89. Reasonable discovery will establish that CACI consulted with one or more of its

co-conspirators during the preparation of this book. CACI KNEW THAT THEIR TORTURE OF PRISONERS VIOLATED THE LAWS OF THE UNITED STATES 90. CACI intentionally and knowingly agreed to and did work in concert with the co-

conspirators. To the extent that any particular act was perpetrated by a co-conspirator, CACI confirmed and ratified the same. 91. 92. CACI knew that the conspiracy to torture would harm Plaintiffs. CACI earned millions of dollars in revenues as a result of participating in the

ongoing conspiracy. 93. 94. CACI invested the financial fruits of the conspiracy in its ongoing operations. CACI knew that military officials were prohibited from torturing prisoners by the

Army Field Manual and other controlling law, and that any military officials who were doing so were violating the law.

10

95.

CACI knew that the United States government has denounced the use of torture

and other cruel, inhuman, or degrading treatment at all times. CACI knew that it was illegal for them to participate in, instigate, direct, or aid and abet the torture of plaintiff and other prisoners. 96. For example, in its Initial Report to the United Nations Committee Against

Torture, the United States Department of State noted that, "[t]orture is prohibited by law throughout the United States. It is categorically denounced as a matter of policy and as a tool of state authority .... No official of the government, federal, state or local, civilian or military is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form." U.S. Department of State: Initial Report of the United States of America to the U.N. Committee Against Torture, Introduction (1999). The State Department's Report on Human Rights Practices characterized the following as prohibited forms of torture: mock executions, sensory deprivation, repeated slapping, exposure to cold, stripping and blindfolding, food and sleep deprivation, threats to detainees or family members, dripping water on the head, squeezing of the testicles, rape, and sexual humiliation. 97. CACI knew that the ban on torture is absolute and no exigent circumstances

permit the use of torture. 98. CACI knew that the United States intended and required that any person acting

under the contract to the United States would conduct themselves in accordance with the relevant domestic and international laws. 99. prisoners. CACI knew and understood that the United States does not condone torture of

11

100.

CACI cannot credibly claim that the wrongful and criminal conduct of certain

military and government personnel misled them into thinking that the torture of prisoners was lawful and permissible. CACI ACTED NEGLIGENTLY 101. CACI acted negligently and wrongfully by failing to prevent employees from

engaging in foreseeable and predictable wrongful acts. 102. CACI acted negligently and wrongfully by failing to discipline those who

engaged in wrongful acts in Iraq. 103. CACI acted negligently and wrongfully by failing to take due care in hiring

employees being deployed to Iraq. 104. 105. CACI acted negligently and wrongfully by failing to train their employees. CACI acted negligently and wrongfully by failing to

supervise adequately their employees. CACI admitted on its web site that CACI employees in Iraq work under "minimal supervision." 106. CACI acted negligently and wrongfully by failing to investigate and report

accusations of wrongdoing committed and witnessed by their employees and agents. 107. CACI profited financially from their negligent misconduct. The United States

paid CACI millions of dollars in exchange for its contractual promises to provide services in a lawful manner. 108. Instead of providing those services in a lawful manner, CACI failed to ensure that

its employees and agents abided by the contract terms and with the Geneva Conventions. 109. the world. CACI injured Plaintiffs and harmed the reputation of the United States throughout

12

110.

Plaintiffs suffered, and continue to suffer, extensive physical and mental harm

from being tortured and abused by CACI employees and their co-conspirators. 111. Plaintiffs seek compensatory and punitive damages in an amount far in excess of

the jurisdictional amount set forth in 28 U.S.C. § 1332 ($75,000). 112. under law. COUNT ONE TORTURE 113. herein. 114. Defendants' acts and omissions were deliberate and intentional. All preceding paragraphs are hereby incorporated by reference as if fully set forth Plaintiffs seek any and all additional remedies (such as attorneys' fees) available

Defendants acted purposefully to punish, intimidate, discriminate, and to obtain information from Plaintiffs, who were in their physical custody and control. 115. The acts committed by Defendants and their agents constitute torture in violation

of the law of nations. The acts of torture committed against Plaintiffs include, among other things, beatings, placing plaintiffs in stress positions, forced nudity, sexual assault, death threats, withholding of food, water and necessary medical care, sensory depravation, and intentional exposure to extremes of heat and cold. The acts, done by Defendants working under contract with the United States, directly contradicted the contract terms, domestic law and the United States' express policy against torture. 116. Defendants' misconduct caused grave and foreseeable injuries to Plaintiffs.

13

COUNT TWO CIVIL CONSPIRACY TO TORTURE 117. herein. 118. acts. 119. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful All preceding paragraphs are hereby incorporated by reference as if fully set forth

of the common scheme. 120. Defendants are liable for torture because they set the conditions, directly and

indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to torture Plaintiffs. 121. Defendants' knowing participation in the conspiracy caused grave and foreseeable

damages to Plaintiffs. COUNT THREE AIDING AND ABETTING TORTURE 122. herein. 123. 124. Defendants knowingly and substantially assisted others in torturing Plaintiffs. Defendants are liable for the torture because they aided and abetted others who All preceding paragraphs are hereby incorporated by reference as if fully set forth

were torturing Plaintiffs. 125. Plaintiffs. Defendants' substantial assistance caused grave and foreseeable damages to

14

COUNT FOUR CRUEL, INHUMAN OR DEGRADING TREATMENT 126. herein. 127. The acts described herein had the intent and the effect of causing serious mental All preceding paragraphs are hereby incorporated by reference as if fully set forth

and physical pain and suffering to Plaintiffs, grossly humiliating and debasing the Plaintiffs, and forcing them to act against their will and conscience, inciting fear and anguish and breaking their physical or moral resistance. 128. Defendants set the conditions, directly and indirectly facilitated, ordered,

acquiesced, confirmed, ratified, and conspired with others to subject Plaintiffs to cruel, inhuman or degrading treatment. 129. Defendants are liable for their conduct that led to the cruel, inhuman and

degrading treatment of Plaintiffs. 130. Defendants' misconduct caused grave and foreseeable injuries to Plaintiffs. COUNT FIVE CIVIL CONSPIRACY TO TREAT PLAINTIFF IN A CRUEL, INHUMAN OR DEGRADING MANNER 131. herein. 132. acts. 133. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful All preceding paragraphs are hereby incorporated by reference as if fully set forth

of the common scheme.

15

134.

Defendants are liable for the cruel, inhuman, and degrading treatment of Plaintiffs

because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to so treat Plaintiffs. 135. Defendants' knowing participation in the conspiracy caused grave and foreseeable

damages to Plaintiffs. COUNT SIX AIDING AND ABETTING CRUEL, INHUMAN AND DEGRADING TREATMENT 136. herein. 137. Defendants knowingly and substantially assisted others in treating Plaintiff in a All preceding paragraphs are hereby incorporated by reference as if fully set forth

cruel, inhuman, and degrading manner. 138. Defendants are liable for the injuries caused by the cruel, inhuman,

and degrading treatment because they substantially aided and abetted others in so treating Plaintiffs. 139. Defendants' knowing and substantial assistance to others caused grave and

foreseeable damages to Plaintiffs. COUNT SEVEN WAR CRIMES 140. herein. 141. Defendants' acts were deliberate, willful, intentional, wanton, malicious, and All preceding paragraphs are hereby incorporated by reference as if fully set forth

oppressive and constitute grave breaches of the Geneva Conventions and war crimes. These acts

16

included torture, cruel, inhuman and degrading treatment, and willfully causing great suffering and serious bodily injury to Plaintiffs. 142. hostilities. 143. Defendants set the conditions, directly and indirectly facilitated, Defendants' acts took place during a period of armed conflict, in connection with

ordered, acquiesced, confirmed, ratified, and conspired with others to commit war crimes against Plaintiffs. 144. 145. Defendants are liable for their conduct that constitutes war crimes. Defendants' misconduct caused grave and foreseeable injuries to Plaintiffs. COUNT EIGHT CIVIL CONSPIRACY TO COMMIT WAR CRIMES 146. All preceding paragraphs are hereby incorporated by reference as if

fully set forth herein. 147. acts. 148. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful

of the common scheme. 149. Defendants are liable for war crimes against Plaintiff because they set the

conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to commit war crimes against Plaintiffs. 150. Defendants' knowing participation in the conspiracy caused grave and foreseeable

damages to Plaintiffs.

17

COUNT NINE AIDING AND ABETTING COMMISSION OF WAR CRIMES 151. herein. 152. Defendants knowingly and substantially assisted others in committing war crimes All preceding paragraphs are hereby incorporated by reference as if fully set forth

against Plaintiffs. 153. Defendants are liable for the injuries caused by the war crimes because they

substantially aided and abetted others in committing war crimes against Plaintiffs. 154. Defendants' knowing and substantial assistance to others in the commission of

war crimes caused grave and foreseeable damages to Plaintiffs. COUNT TEN ASSAULT AND BATTERY 155. All preceding paragraphs are hereby incorporated by reference as if

fully set forth herein. 156. Defendants unlawfully intended to and did inflict immediate injury

upon Plaintiffs. 157. Defendants intentionally assaulted, battered, and made other offensive contacts'

and aided and abetted the assaulting and battering and offensively contacting, of the Plaintiffs. 158. Plaintiffs did not consent to the offensive contacts. Plaintiffs feared for their

personal safety and felt threatened by Defendants' actions. 159. Defendants set the conditions, directly and indirectly facilitated, ordered,

acquiesced, confirmed, ratified, and conspired with others to commit the assaults and batteries. 160. Defendants' acts caused grave and foreseeable damages to Plaintiffs. 18

COUNT ELEVEN CIVIL CONSPIRACY TO ASSAULT AND BATTER 161. herein. 162. acts. 163. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful All preceding paragraphs are hereby incorporated by reference as if fully set forth

of the common scheme. 164. Defendants are liable for the assaults and batteries against Plaintiffs because they

because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to commit the assaults and batteries. 165. Defendants' knowing participation in the conspiracy to assault and batter caused

grave and foreseeable damages to Plaintiffs. COUNT TWELVE AIDING AND ABETTING ASSAULTS AND BATTERIES 166. herein. 167. Plaintiffs. 168. Defendants are liable for the injuries caused because they aided and abetted others Defendants knowingly and substantially assisted others in assaulting and battering All preceding paragraphs are hereby incorporated by reference as if fully set forth

in assaulting and battering Plaintiffs. 169. Defendants' knowing and substantial assistance to others caused grave and

foreseeable damages to Plaintiffs.

19

COUNT THIRTEEN SEXUAL ASSAULT AND BATTERY 170. herein. 171. conspirators. 172. Defendants intended to, and did, cause offensive sexual contacts with intimate Plaintiffs were sexually assaulted and battered by Defendants and their coAll preceding paragraphs are hereby incorporated by reference as if fully set forth

parts of Plaintiffs. Defendants acted to cause Plaintiffs imminent apprehension of harmful and offensive contact with his intimate parts. 173. Plaintiffs did not consent to the contacts. Plaintiff feared for his personal safety

and felt threatened by Defendants' actions. 174. Defendants set the conditions, directly and indirectly facilitated, ordered,

acquiesced, confirmed, ratified, and conspired with others to sexually assault and batter Plaintiffs. 175. Defendants' acts caused grave and foreseeable damages to Plaintiffs. COUNT FOURTEEN CIVIL CONSPIRACY TO SEXUALLY ASSAULT AND BATTER 176. herein. 177. acts. 178. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful All preceding paragraphs are hereby incorporated by reference as if fully set forth

of the common scheme.

20

179.

Defendants are liable for the sexual assaults and batteries against Plaintiffs

because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to sexually assault and batter Plaintiffs. 180. Defendants' knowing participation in the conspiracy caused grave and foreseeable

damages to Plaintiffs. COUNT FIFTEEN AIDING AND ABETTING SEXUAL ASSAULTS AND BATTERIES 181. herein. 182. Plaintiffs. 183. Defendants are liable for the injuries caused by the crimes because they Defendants knowingly and substantially assisted others in sexually assaulting All preceding paragraphs are hereby incorporated by reference as if fully set forth

substantially aided and abetted others in sexually assaulting and battering Plaintiffs. 184. Defendants' knowing and substantial assistance to others caused grave and

foreseeable damages to Plaintiffs. COUNT SIXTEEN INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 185. herein. 186. Defendants intentionally inflicted severe emotional distress by way of extreme All preceding paragraphs are hereby incorporated by reference as if fully set forth

and outrageous conduct on Plaintiffs. Defendants intended or recklessly disregarded the probability of Plaintiffs suffering emotional distress when directing offensive conduct toward Plaintiffs or carrying out offensive conduct while aware of Plaintiffs' presence.

21

187.

Defendants set the conditions, directly and indirectly facilitated, ordered,

acquiesced, confirmed, ratified, and conspired with others to inflict emotional distress on Plaintiffs. 188. Defendants' acts caused grave and foreseeable injuries to Plaintiffs. COUNT SEVENTEEN CIVIL CONSPIRACY TO INFLICT EMOTIONAL DISTRESS 189. herein. 190. acts. 191. Each Defendant performed one or more overt acts pursuant to and in furtherance Defendants agreed with each other and others to participate in a series of unlawful All preceding paragraphs are hereby incorporated by reference as if fully set forth

of the common scheme. 192. Defendants are liable for intentional infliction of emotional distress on Plaintiffs

because they because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified, and conspired with others to inflict emotional distress on Plaintiffs. 193. Defendants' knowing participation in the conspiracy to inflict intentionally

emotional distress caused grave and foreseeable damages to Plaintiffs. COUNT EIGHTEEN AIDING AND ABETTING INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 194. herein. 195. Defendants knowingly and substantially assisted others in intentionally inflicting All preceding paragraphs are hereby incorporated by reference as if fully set forth

emotional distress upon Plaintiffs. 22

196.

Defendants are liable for the injuries caused by the intentionalinfliction of

emotional distress because they substantially aided and abetted others in causing the emotional distress to Plaintiffs. 197. Defendants' knowing and substantial assistance to others caused grave and

foreseeable damages to Plaintiffs. COUNT NINETEEN ­ NEGLIGENT HIRING AND SUPERVISION 198. herein. 199. Defendants acted negligently and directly harmed Plaintiffs by taking or failing to All preceding paragraphs are hereby incorporated by reference as if fully set forth

take one or more of the following steps: (a) failing to take the appropriate steps in hiring proper personnel to perform services; (b) failing to screen properly personnel before their hiring; (c) failing to train personnel or subsidiary personnel properly to perform services in a legal fashion; (d) failing to investigate allegations of torture and abuse carried out by their subsidiaries or their employees; (e) failing to report to the government allegations of torture and abuse carried out and witnessed by their agents; (f) failing to adequately supervise and discipline their employees; and (g) negligently setting the conditions that facilitated the abuse. 200. The negligence of CACI directly and foreseeably harmed Plaintiffs.

23

COUNT TWENTY NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 201. herein. 202. 203. 204. Defendants negligently inflicted severe emotional distress on Plaintiffs. Defendants had a duty to Plaintiffs, which they breached. The negligence of CACI directly and foreseeably harmed Plaintiffs. JURY DEMAND AND PRAYER FOR DAMAGES 205. Plaintiffs seek a jury trial. Plaintiffs were all seriously physically and mentally All preceding paragraphs are hereby incorporated by reference as if fully set forth

injured, and are entitled to any and all remedies available as a result of the conduct alleged herein, including, but not limited to: (a) compensatory damages for physical, mental, and economic injuries; (b) punitive damages in an amount sufficient to punish Defendants for engaging in human rights abuses and deter similar behavior; and (c) any attorneys' fees and costs permitted by law.

____/s/ Susan L. Burke_________ Susan L. Burke (VA Bar #27769) William T. O'Neil William F. Gould BURKE O'NEIL LLC 4112 Station Street Philadelphia, PA 19127 [phone] [e-mail] 24

Katherine Gallagher CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Shereef Hadi Akeel AKEEL & VALENTINE, P.C. 888 West Big Beaver Road Troy, Michigan 48084-4736 Attorneys for Plaintiff

25

CERTIFICATE OF SERVICE I hereby certify that on the 15th day of September, 2008, I caused the foregoing Amended Complaint to be filed via ECF upon: J. William Koegel, Jr. Virginia Bar No. 38243 John F. O'Connor (pro hac vice application pending) Attorneys for Defendants CACI Premier Technology, Inc. and CACI International Inc STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 [phone] - telephone [phone] ­ facsimile [e-mail] [e-mail] ____/s/ Susan L. Burke_________ Susan L. Burke (VA Bar #27769) William T. O'Neil William F. Gould BURKE O'NEIL LLC 4112 Station Street Philadelphia, PA 19127 [phone] Fax [phone] [e-mail]

26