Supreme Court limits contractor immunity for wartime tort claims

In 2016 a Taliban suicide bomber hired by Fluor Corporation’s Afghan First program detonated on a U.S. base in Afghanistan, killing five soldiers and wounding many others, including Specialist Winston Hencely. Hencely sued Fluor in state court, alleging negligence that the Army’s own investigation had confirmed. The Fourth Circuit dismissed the case, extending the Federal Tort Claims Act’s combatant-activities exemption to private contractors.

On April 22, the Supreme Court, in a 6-3 decision written by Justice Clarence Thomas, reversed, emphasizing that Congress intended the exemption only for the United States, not for companies like Fluor. The Court held that liability requires a direct government order or authorization, which was absent here. The decision signals that contractors will face ordinary tort liability for mistakes made in war zones, likely increasing compliance costs and insurance premiums. It also offers families of injured service members a clearer path to legal recourse.