Clarence Thomas Leads Supreme Court in Reviving Soldier’s Bombing Lawsuit

A long-running legal fight brought by a wounded U.S. Army veteran will move forward after the Supreme Court of the United States ruled that his claims against a military contractor deserve another look. According to Fox…

Andrew PowellApr 22, 20262 min read

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“We vacate the judgment of the Fourth Circuit and remand the case for further proceedings consistent with this opinion,” the ruling states.

The opinion lays out the events behind the case in stark terms.

“In 2016, a Taliban operative working for respondent Fluor Corporation, a military contractor, carried out a suicide-bomb attack at Bagram Airfield in Afghanistan. After then-Army Specialist Winston T. Hencely confronted him, the bomber detonated his suicide vest,” the opinion explains. “As a result of the injuries he received, Hencely is now permanently disabled.”

Hencely’s Lawsuit argues that Fluor should be held responsible under state law for allegedly failing to properly supervise and retain the individual who carried out the attack.

The court noted that both Hencely and the U.S. military contend the contractor’s actions were not authorized.

“In an effort to recover damages for his injuries, Hencely sued Fluor, bringing state-law tort claims for negligently retaining and supervising the attacker. According to Hencely and the United States military, Fluor’s conduct was not authorized by the military and even violated instructions the military had given it as a condition of operating on the base,” the opinion adds.

The ruling drew a dissent from Samuel Alito, John Roberts, and Brett Kavanaugh, who disagreed with the majority’s decision to revive the case.

With the judgment vacated, the lawsuit will now return to the lower courts, where proceedings are set to continue.