A former soldier seeks justice after injuries from a preventable bombing incident.
In a new turn for a long-running case, the U.S. Supreme Court has agreed to hear a lawsuit brought by a former soldier who was badly injured in a 2016 bombing in Afghanistan. The suit targets Fluor Corporation, a military contractor accused of serious failures in supervising its workers on a U.S. base overseas. Winston Hencely was only 20 when he deployed to Afghanistan as a U.S. Army Specialist. He was stationed at Bagram Airfield, one of the largest military bases in the country. In November of that year, during a Veterans Day 5K race on base, a man working with a Fluor subcontractor walked into the crowd wearing a suicide vest.
That man, Ahmad Nayeb, had been hired to help with vehicle maintenance tasks like disposing of oil. According to the lawsuit, Fluor’s contract required the company to watch Afghan workers like Nayeb at all times when they were not in their assigned work zones. But court filings claim the company failed to follow this rule.
The suit says Nayeb used materials and tools from the job site to build an explosive vest while working on base. Then, during a night shift, he left the work area without an escort—another clear break from safety rules, according to the filings. He walked across the base, unnoticed, toward a crowd of U.S. troops and contractors gathered for the race.
Hencely and other soldiers saw Nayeb acting strangely and tried to stop him. When Hencely grabbed his shoulder, he realized the man was wearing a bomb. The blast went off seconds later.
Three soldiers and two civilian workers were killed. Seventeen others were hurt. Hencely survived but was left with major brain damage. He now suffers from seizures and has lost much of the use of the left side of his body and face.
An Army investigation later said Hencely’s quick actions likely prevented an even worse disaster. The same report blamed the contractor for ignoring clear orders from the military and not following the safety rules in its contract.
When Hencely returned home, he sued Fluor for negligence in a South Carolina court. He didn’t sue the Army. But federal courts ruled that his case couldn’t go forward because of a rule that protects the military from lawsuits during wartime. A court said that even though the government wasn’t being sued, the law still blocked claims like Hencely’s against contractors doing military work.
Now the Supreme Court will weigh in. Hencely’s legal team argues this kind of broad legal shield shouldn’t cover private contractors who ignore clear instructions. They say Fluor made choices that led to the bombing and should be held accountable under regular state laws, like any other company would be if it put people in harm’s way.
Other courts around the country have issued mixed rulings on similar cases. Some said the law protecting the military also blocks claims against its contractors. Others have allowed those claims to move forward. That split is one reason the justices agreed to hear this case.
Lawyers for Hencely stress that this case isn’t about military strategy or battlefield decisions. It’s about a company failing to do its job and putting lives at risk. They say if this case isn’t heard now, contractors could avoid responsibility in the future even when they act carelessly.
The Court is expected to hear arguments later this year. The outcome could affect how future claims against government contractors are handled, especially in wartime settings where safety rules are critical and the line between military and civilian roles can blur.
Sources:
Justices Agree to Hear Soldier’s Injury Claims Against Fluor
High Court Will Review Soldier’s Bomb Claims Against Fluor
