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Supreme Court allows soldier to sue contractor over suicide bombing

The justices said federal law does not shield military contractors when negligence in a combat zone injures service members, sending the case back for review.

  • On Wednesday, the Supreme Court ruled 6-3 to allow Army Spc. Winston Hencley to sue Fluor Corporation over a 2016 suicide bombing in Afghanistan, rejecting the contractor's immunity claim from state-law negligence suits.
  • During a 2016 Veterans Day weekend 5K race at Bagram Airfield, Fluor employee Ahmad Nayeb detonated an explosive vest after being confronted by Hencley, killing five people and wounding more than a dozen.
  • Projectiles from the blast fractured Hencley's skull and tore through his brain, leaving him without full use of much of his left side; court documents detail abnormal brainwaves, seizures and traumatic brain injury.
  • Justice Clarence Thomas wrote for the majority that the Constitution has "never been understood to bar all war-related tort suits," while Justices Samuel Alito, Brett Kavanaugh and Chief Justice John Roberts dissented.
  • The decision exposes military contractors to state-law tort liability even when working for the government, as Hencley's suit alleges Fluor negligently allowed Nayeb to be employed and failed supervisory duties.
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Law.com broke the news on Wednesday, April 22, 2026.
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