Monday, March 08, 2010

Ill. judge won't toss torture suit naming Rummy

AP:

CHICAGO (AP) -- A federal judge refused Friday to dismiss a civil lawsuit accusing former Defense Secretary Donald Rumsfeld of responsibility for the alleged torture by U.S. forces of two Americans who worked for an Iraqi contracting firm.

U.S. District Judge Wayne R. Andersen's ruling did not say the two contractors had proven any of their claims. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.

Andersen said his decision "represents a recognition that federal officials may not strip citizens of well settled constitutional protections against mistreatment simply because they are located in a tumultuous foreign setting."

Andersen did throw out two of the lawsuit's three counts but gave former contractors Donald Vance and Nathan Ertel the green light to go forward with a third count alleging they were unconstitutionally tortured under procedures personally approved by Rumsfeld.

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