Katherine Gallagher ’00
Katherine Gallagher ’00 filed a landmark human rights case against military contractor CACI Premier Technology, Inc. in 2008 for its role in torture at the notorious Abu Ghraib prison in Iraq. Sixteen years later she, along with Muhammad Faridi ’07, fellow CUNY Law graduate and lead attorney at trial, secured a historic $42 million verdict for three Iraqi men tortured at the prison.
On November 12, 2024, in Al Shimari, et al. v. CACI, a federal jury in Alexandria, Virginia, found CACI liable for conspiracy to commit torture and cruel, inhuman, and degrading treatment, awarding each plaintiff $3 million in compensatory damages and $11 million in punitive damages. The verdict marked the first time a case involving survivors of U.S. post-9/11 torture — whose victims extended from Guantánamo to Iraq and Afghanistan to secret prisons worldwide — reached trial.
Gallagher, a Senior Staff Attorney at the Center for Constitutional Rights (CCR), and the legal team faced relentless opposition. CACI tried to dismiss it more than 20 times. Legal support ebbed and flowed, as the case made multiple trips to the Fourth Circuit Court of Appeals, and following a victory by the plaintiffs there, a petition of certiorari filed by CACI to the Supreme Court. But she never wavered, drawing on lessons from her CUNY Law mentor Professor Rhonda Copelon, who pioneered using the Alien Tort Statute, a law from 1789, to hold human rights violators financially accountable.
“With today’s verdict, private military and security contractors are put on notice that they can and will be held accountable when they breach the most fundamental international law protections — like the prohibition against torture — and fail to comply with their contractual and regulatory obligations to ensure their employees follow the law,” said Gallagher in a CCR press release.
Muhammad U. Faridi ’07
The legal team gained crucial reinforcement when Faridi, a partner at Patterson Belknap Webb & Tyler LLP, joined as pro bono co-counsel. His commitment to human rights law was evident early in his career; as a law student, he completed an externship at CCR through the Equality and Justice Practice Clinic. Later, as co-editor of the CUNY Law Review, he co-organized one of the nation’s first law review symposiums on Guantánamo in 2007, the same year the Law Review commemorated CCR’s 40th anniversary.
“We feel immense pride in representing these plaintiffs and have been proud to partner with the Center for Constitutional Rights in their mission to fight for human rights and equal justice. The jury’s verdict vindicates the rights of our clients and will provide some measure of justice for the horrific treatment they endured,” said Faridi, who delivered the closing argument, in the CCR press release.
The case marks the first time survivors of U.S. post-9/11 torture have testified in a U.S. courtroom. The plaintiffs – Suhail Al Shimari, a middle school principal, Asa’ad Zuba’e, a fruit vendor, and Salah Al-Ejaili, a journalist – sued under the Alien Tort Statute, which lets foreign nationals seek redress in U.S. courts for international law violations.
“This victory is a shining light for everyone who has been oppressed,” said Al-Ejaili, quoted in the CCR press release following the verdict. “It’s a strong warning to any company practicing torture and abuse. Those contractors should no longer feel exempt from accountability.”
This landmark win highlights the impact CUNY Law graduates continue to have in advancing human rights and social justice, whether working in private practice or public interest organizations. The case sets a significant precedent for holding private military contractors accountable for human rights violations, even when committed outside the United States, and demonstrates the vital role of public interest lawyers in securing justice on the international stage.
Read more about the work:
Center for Constitutional Rights | Tuesday, November 12, 2024
New York Times | Tuesday, November 12, 2024
Washington Post | Tuesday, November 12, 2024