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'''Susan L. Burke''' is a |
'''Susan L. Burke''' is a civil rights attorney who has gained widespread fame for cases in which she has represented plaintiffs suing the American military or military contractors. Her cases include the [[Abtan v. Blackwater]] case, and the representation of a number of former detainees of [[Baghdad Central Prison|Abu Ghraib]] prison who attempted to sue the private contractor interrogators and translators from [[CACI]] and [[Titan Corp.]] who were tasked with obtaining [[military intelligence]] from them during their detention.<ref>{{cite web|title=Court Rules Abu Ghraib Torture Victims Can Sue Contractor CACI, According to Legal Team for Former Detainees|url=http://ccrjustice.org/newsroom/press-releases/court-rules-abu-ghraib-torture-victims-can-sue-contractor-caci,-according-le|work=center for constitutional rights|publisher=center for constitutonal rights|accessdate=13 October 2011}}</ref><ref>{{cite web|title=http://ccrjustice.org/ourcases/current-cases/abtan-et-al-v-blackwater-usa-et-al|url=http://ccrjustice.org/ourcases/current-cases/abtan-et-al-v-blackwater-usa-et-al|work=Center for Constitutional Rights|publisher=Center for Constitutional Rights|accessdate=11 October 2011}}</ref> One of the Abu Ghraib torture cases has been dismissed; two remain pending. Burke is licensed to practice law in [[Washington D.C.]] and [[Virginia]]. For the past ten years, Burke has received an AV rating from [[LexisNexis Martindale-Hubbell]], the highest possible peer rating available.{{citation needed|date=March 2012}} |
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==Early life and education== |
==Early life and education== |
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After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August<ref name=Profile /> of 2005 she left to form her own firm, which is now known as Burke PLLC. <ref name=History>{{cite web|title=Our History|url=http://www.burkepllc.com/firm/history.php|publisher=Burke PLLC|accessdate=14 December 2011}}</ref> |
After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August<ref name=Profile /> of 2005 she left to form her own firm, which is now known as Burke PLLC. <ref name=History>{{cite web|title=Our History|url=http://www.burkepllc.com/firm/history.php|publisher=Burke PLLC|accessdate=14 December 2011}}</ref> |
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Since establishing her firm, Burke has taken on a number of controversial high-profile cases |
Since establishing her firm, Burke has taken on a number of controversial high-profile cases. As defense counsel for seventeen plaintiffs who have been sexually assaulted by colleagues in the military, she filed suit against former [[Secretary of Defense|Secretaries of Defense]] [[Donald Rumsfeld]] and [[Robert Gates]] on the grounds that they were partially responsible for creating a military environment that made such assaults possible. She also sought payments for the families of Iraqi citizens who had allegedly been killed or injured by employees of a private military company, Blackwater.<ref name=Saleh>{{cite web|title=Saleh et al v. Titan et al.|url=http://ccrjustice.org/ourcases/current-cases/saleh-v-titan|work=center for constitutional rights|publisher=center for constitutional rights|accessdate=15 October 2011}}</ref><ref name="Army Times">{{cite web|last=Kime|first=Patricia|title=Troops’ sexual assault lawsuit dismissed|url=http://www.armytimes.com/news/2011/12/military-sexual-assault-lawsuit-dismissed-121311w/|publisher=Army Times|accessdate=14 December 2011}}</ref><ref name=Abtan>{{cite web|title=Abtan, et al. v. Prince, et al.|url=http://ccrjustice.org/ourcases/current-cases/abtan-et-al-v-blackwater-usa-et-al|work=center for constitutional rights|publisher=center for constitutional rights|accessdate=13 October 2011}}</ref> |
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⚫ | Burke has also represented Abu Ghraib detainees, all of whom were released without charges, for being tortured at the hands of L-3, CACI and Titan. <ref name=Immunity>{{cite news|last=O'Dell|first=Larry|title=Abu Ghraib contractors seek civil immunity|url=http://www.msnbc.msn.com/id/39852644/ns/us_news-security/t/abu-ghraib-contractors-seek-civil-immunity/#.TuilG7LTqhU|accessdate=14 December 2011|newspaper=MSNBC|date=October 26, 2010}}</ref> |
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Critics of Burke's defense of Abu Ghraib detainees have cited Pentagon reports showing that 14-20% of individuals who have been released from such facilities because they have been deemed not to pose a serious threat do, in fact, [[Lists of former Guantanamo Bay detainees alleged to have returned to terrorism|resume terrorist activities]].<ref name="NY Times - Recidivism">{{cite news|last=Bumiller|first=Elisabeth|title=Later Terror Link Cited for 1 in 7 Freed Detainees|url=http://www.nytimes.com/2009/05/21/us/politics/21gitmo.html|accessdate=14 December 2011|newspaper=The New York Times online|date=May 20, 2009}}</ref><ref name="CBS - Recidivism">{{cite news|last=Martin|first=David|title=18% of Gitmo Detainees Go Back to Terror|url=http://www.cbsnews.com/stories/2009/07/30/eveningnews/main5199148.shtml|accessdate=14 December 2011|newspaper=CBS Online|date=July 30, 2009}}</ref> One such former detainee, [[Ibrahim Shafir Sen]], who was released from Guantanamo and, with Burke as his attorney, filed a suit against Secretary of Defense Donald Rumsfeld,<ref>{{cite web|title=Celikgogus v. Rumsfeld & Allaithi v. Rumsfeld|url=http://ccrjustice.org/ourcases/current-cases/celikgogus-v.-rumsfeld|publisher=Center for Constitutional Rights|accessdate=14 December 2011}}</ref> was later re-arrested in Turkey and charged with being a leader of an [[al-Qaida]] terrorist cell.<ref>{{cite web|title=Fact Sheet - Former GTMO Detainee Terrorism Trends|url=http://www.defense.gov/news/d20080613Returntothefightfactsheet.pdf|publisher=U.S. Department of Defense|accessdate=14 December 2011}}</ref> Burke consistently maintains the innocence of her clients, saying of them, "These innocent men were senselessly tortured by U.S. companies that profited from their misery."<ref name=Fox>{{cite news|last=Dishneau|first=David|title=Abu Ghraib inmates sue contractors, claim torture|url=http://www.foxnews.com/wires/2008Jun30/0,4670,AbuGhraibLawsuits,00.html|accessdate=14 December 2011|newspaper=Fox News online|date=June 30, 2008}}</ref><ref name=Overseas>{{cite web|title=Iraqis’ Torture Case Against L-3 Services Proceeds|url=https://civiliancontractors.wordpress.com/tag/susan-l-burke/|publisher=Overseas Civilian Contractors|accessdate=14 December 2011}}</ref> In her lawsuits, however, she provides no evidence of their innocence, since the suits deal solely with the issue of alleged torture during interrogation. |
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⚫ | Burke has acknowledged that her firm maintains a presence in Iraq in order to be accessible to individuals who wish to sue the U.S. military or military contractors. She has travelled to Jordan and Turkey to meet clients. In an interview with [[Amy Goodman]] of ''[[Democracy Now!]]'', Burke stated, "Well, really they — we don’t find them, they find us. We are — we have a couple of — it’s word of mouth."<ref name="Democracy Now">{{cite web|last=Goodman|first=Amy|title=Transcript of - CACI Awarded Millions in New Govt. Contracts Despite Being Accused of Widespread Abuse in Lawsuit Brought by 256 Prisoners Held in Iraqi Jails|url=http://www.democracynow.org/2008/1/14/caci_awarded_millions_in_new_gvt|publisher=Democracy Now!|accessdate=14 December 2011}}</ref> |
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⚫ | Burke has acknowledged that her firm maintains a presence in Iraq in order to be accessible to individuals who wish to sue the U.S. military or military contractors. She has |
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==Notable cases== |
==Notable cases== |
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{{see also|Abtan v. Blackwater}} |
{{see also|Abtan v. Blackwater}} |
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Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater. The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal [[Alien Tort Statute]] by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision.<ref>{{cite web|title=Abtan v. Blackwater (Sept. 16, 2007 Baghdad Shooting)|url=http://www.contractormisconduct.org/index.cfm/1,73,222,html?CaseID=820|work=pogo.org|publisher=pogo.org|accessdate=13 October 2011}}</ref> |
Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater. The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal [[Alien Tort Statute]] by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision.<ref>{{cite web|title=Abtan v. Blackwater (Sept. 16, 2007 Baghdad Shooting)|url=http://www.contractormisconduct.org/index.cfm/1,73,222,html?CaseID=820|work=pogo.org|publisher=pogo.org|accessdate=13 October 2011}}</ref>. The lawsuit was settled for an undisclosed amount. |
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===Saleh et al v. Titan et al.=== |
===Saleh et al v. Titan et al.=== |
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===U.S. Training Center (formerly Blackwater Lodge) === |
===U.S. Training Center (formerly Blackwater Lodge) === |
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A suit, officially know as United States of America, ''ex rel.'' Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc., was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011,<ref name=Justia>{{cite web|title=United States ex rel Davis v. U.S. Training Center Inc.|url=http://dockets.justia.com/docket/circuit-courts/ca4/11-2180/|publisher=Justia Dockets & Filings|accessdate=9 January 2012}}</ref> under the [[False Claims Act]] (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after [[Hurricane Katrina]], as well as in Iraq and Afghanistan.<ref name="Doc 513">{{cite web|title=TRJ Davis et al v. Blackwater Lodge and Training Center, Inc. et al - Document 513|url=http://law.justia.com/cases/federal/district-courts/virginia/vaedce/1:2008cv01244/236948/513|accessdate=9 January 2012}}</ref> Of the six named defendants and "numerous" claims, all but one defendant and two claims were dismissed by the court at or before [[summary judgement]].<ref name="Mot Att fees">{{cite journal|last=Defendants Counsel|title=Defendants' memorandum in support of their motion for attorneys' fees, costs and expenses|journal=United States District Court for the Eastern District of Virginia Alexandria Division|date=29 August 2011|volume=Case 1:08-cv-01244-TSE -TRJ|issue=Document 640|pages=1–33|accessdate=9 January 2012}}</ref> On August 5, 2011, a jury ruled in favor of the company |
A suit, officially know as United States of America, ''ex rel.'' Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc., was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011,<ref name=Justia>{{cite web|title=United States ex rel Davis v. U.S. Training Center Inc.|url=http://dockets.justia.com/docket/circuit-courts/ca4/11-2180/|publisher=Justia Dockets & Filings|accessdate=9 January 2012}}</ref> under the [[False Claims Act]] (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after [[Hurricane Katrina]], as well as in Iraq and Afghanistan.<ref name="Doc 513">{{cite web|title=TRJ Davis et al v. Blackwater Lodge and Training Center, Inc. et al - Document 513|url=http://law.justia.com/cases/federal/district-courts/virginia/vaedce/1:2008cv01244/236948/513|accessdate=9 January 2012}}</ref> Of the six named defendants and "numerous" claims, all but one defendant and two claims were dismissed by the court at or before [[summary judgement]].<ref name="Mot Att fees">{{cite journal|last=Defendants Counsel|title=Defendants' memorandum in support of their motion for attorneys' fees, costs and expenses|journal=United States District Court for the Eastern District of Virginia Alexandria Division|date=29 August 2011|volume=Case 1:08-cv-01244-TSE -TRJ|issue=Document 640|pages=1–33|accessdate=9 January 2012}}</ref> On August 5, 2011, a jury ruled in favor of the company. |
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After the trial ended, Brad and Melan Davis obtained evidence that Blackwater's former Chief Operating Officer committed perjury during the trial. The evidence on the perjury is found on PACER.<ref>{{cite web|last=United States ex rel Davis v. U.S. Training Center Inc.|title=Relators' Motion for a New Trial|url=https://ecf.vaed.uscourts.gov/doc1/18903783253|accessdate=7 February 2012}}</ref> The Fourth Circuit will hear the appeal, including the Davis' request for a new trial based on alleged perjury. |
After the trial ended, Brad and Melan Davis obtained evidence that Blackwater's former Chief Operating Officer committed perjury during the trial. The evidence on the perjury is found on PACER.<ref>{{cite web|last=United States ex rel Davis v. U.S. Training Center Inc.|title=Relators' Motion for a New Trial|url=https://ecf.vaed.uscourts.gov/doc1/18903783253|accessdate=7 February 2012}}</ref> The Fourth Circuit will hear the appeal, including the Davis' request for a new trial based on alleged perjury. |
Revision as of 13:21, 18 April 2012
Susan L. Burke | |
---|---|
Nationality | American |
Alma mater | Georgetown University, B.S. in International Law Columbus School of Law, J.D. |
Occupation | Civil rights lawyer |
Susan L. Burke is a civil rights attorney who has gained widespread fame for cases in which she has represented plaintiffs suing the American military or military contractors. Her cases include the Abtan v. Blackwater case, and the representation of a number of former detainees of Abu Ghraib prison who attempted to sue the private contractor interrogators and translators from CACI and Titan Corp. who were tasked with obtaining military intelligence from them during their detention.[1][2] One of the Abu Ghraib torture cases has been dismissed; two remain pending. Burke is licensed to practice law in Washington D.C. and Virginia. For the past ten years, Burke has received an AV rating from LexisNexis Martindale-Hubbell, the highest possible peer rating available.[citation needed]
Early life and education
Burke, the daughter of a career Army officer, grew up on various Army bases.[3] She majored in international law and politics at Georgetown University, and received her J.D. in 1987 from the Columbus School of Law at the Catholic University of America.[4] Burke received the Faculty Award for Highest Academic Average.
Burke is married to Jamison Koehler, a criminal defense lawyer in the Washington, D.C., area who specializes in criminal and DUI cases.[5] Burke and Koehler met while they were students at Georgetown.[6]
Career
After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August[4] of 2005 she left to form her own firm, which is now known as Burke PLLC. [7]
Since establishing her firm, Burke has taken on a number of controversial high-profile cases. As defense counsel for seventeen plaintiffs who have been sexually assaulted by colleagues in the military, she filed suit against former Secretaries of Defense Donald Rumsfeld and Robert Gates on the grounds that they were partially responsible for creating a military environment that made such assaults possible. She also sought payments for the families of Iraqi citizens who had allegedly been killed or injured by employees of a private military company, Blackwater.[8][9][10]
Burke has also represented Abu Ghraib detainees, all of whom were released without charges, for being tortured at the hands of L-3, CACI and Titan. [11]
Burke has acknowledged that her firm maintains a presence in Iraq in order to be accessible to individuals who wish to sue the U.S. military or military contractors. She has travelled to Jordan and Turkey to meet clients. In an interview with Amy Goodman of Democracy Now!, Burke stated, "Well, really they — we don’t find them, they find us. We are — we have a couple of — it’s word of mouth."[12]
Notable cases
Abtan v. Blackwater
Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater. The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal Alien Tort Statute by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision.[13]. The lawsuit was settled for an undisclosed amount.
Saleh et al v. Titan et al.
In 2008, a Federal Judge in Virginia allowed former detainees to sue CACI International Inc. and Titan Corp. for mistreatment while being held in Abu Ghraib. Burke represented a group of men suing these organizations.[14] The case was dismissed on September 11, 2009 by a panel of the Court of Appeals for the District of Columbia, on the ground that the charges could not be brought against the contractors under the Alien Tort Statute. On June 27, 2011, the Supreme Court refused to review the case.[8]
In 2012, the Court of Appeals for the Fourth Circuit granted en banc review on two other cases brought by Burke and the Saleh legal team challenging the conduct of CACI and L-3 at Abu Ghraib. In those cases, the United States filed a brief asserting that conduct that rises to the level of torture should be adjudicated in United States courts.
U.S. Training Center (formerly Blackwater Lodge)
A suit, officially know as United States of America, ex rel. Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc., was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011,[15] under the False Claims Act (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after Hurricane Katrina, as well as in Iraq and Afghanistan.[16] Of the six named defendants and "numerous" claims, all but one defendant and two claims were dismissed by the court at or before summary judgement.[17] On August 5, 2011, a jury ruled in favor of the company.
After the trial ended, Brad and Melan Davis obtained evidence that Blackwater's former Chief Operating Officer committed perjury during the trial. The evidence on the perjury is found on PACER.[18] The Fourth Circuit will hear the appeal, including the Davis' request for a new trial based on alleged perjury.
Cioca et al. v. Rumsfeld et al.
Burke represents women and men who were raped or sexually assaulted while on active duty in the military. The former servicemembers have filed a lawsuit alleging that their Constitutional rights were violated by Defendants' failure to provide for an impartial process to report and adjudicate rapes. The rape survivors and the lawsuit are featured in a documentary that premiered at Sundance called "The Invisible War." [1] The federal district court dismissed the case, ruling that rape and sexual assault must be deemed "incident to service." The case is on appeal to the Court of Appeals to the Fourth Circuit.[19]
References
- ^ "Court Rules Abu Ghraib Torture Victims Can Sue Contractor CACI, According to Legal Team for Former Detainees". center for constitutional rights. center for constitutonal rights. Retrieved 13 October 2011.
- ^ "http://ccrjustice.org/ourcases/current-cases/abtan-et-al-v-blackwater-usa-et-al". Center for Constitutional Rights. Center for Constitutional Rights. Retrieved 11 October 2011.
{{cite web}}
: External link in
(help)|title=
- ^ Rehm, Diane. "NPR Interview - Sexual Assault and the U.S. Military". The Diane Rehm Show. NPR. Retrieved 13 December 2011.
- ^ a b "Profile of Susan L. Burke". Burke PLLC. Retrieved 13 December 2011.
- ^ "Jamison Koehler's Linkedin Profile". Linkedin. Retrieved 13 December 2011.
- ^ Koehler, Jamison. "The Blackwater Fraud Trial: Ode to Plaintiff's Counsel". Retrieved 13 December 2011.
- ^ "Our History". Burke PLLC. Retrieved 14 December 2011.
- ^ a b "Saleh et al v. Titan et al". center for constitutional rights. center for constitutional rights. Retrieved 15 October 2011.
- ^ Kime, Patricia. "Troops' sexual assault lawsuit dismissed". Army Times. Retrieved 14 December 2011.
- ^ "Abtan, et al. v. Prince, et al". center for constitutional rights. center for constitutional rights. Retrieved 13 October 2011.
- ^ O'Dell, Larry (October 26, 2010). "Abu Ghraib contractors seek civil immunity". MSNBC. Retrieved 14 December 2011.
- ^ Goodman, Amy. "Transcript of - CACI Awarded Millions in New Govt. Contracts Despite Being Accused of Widespread Abuse in Lawsuit Brought by 256 Prisoners Held in Iraqi Jails". Democracy Now!. Retrieved 14 December 2011.
- ^ "Abtan v. Blackwater (Sept. 16, 2007 Baghdad Shooting)". pogo.org. pogo.org. Retrieved 13 October 2011.
- ^ "Court Rules Abu Ghraib Torture Victims Can Sue Contractor CACI, According to Legal Team for Former Detainees". center for constitional rights. center for constitutional rights. Retrieved 15 October 2011.
- ^ "United States ex rel Davis v. U.S. Training Center Inc". Justia Dockets & Filings. Retrieved 9 January 2012.
- ^ "TRJ Davis et al v. Blackwater Lodge and Training Center, Inc. et al - Document 513". Retrieved 9 January 2012.
- ^ Defendants Counsel (29 August 2011). "Defendants' memorandum in support of their motion for attorneys' fees, costs and expenses". United States District Court for the Eastern District of Virginia Alexandria Division. Case 1:08-cv-01244-TSE -TRJ (Document 640): 1–33.
{{cite journal}}
:|access-date=
requires|url=
(help) - ^ United States ex rel Davis v. U.S. Training Center Inc. "Relators' Motion for a New Trial". Retrieved 7 February 2012.
- ^ Ellison, Jesse (13 December 2011). "Judge Dismisses 'Epidemic' of Rape in Military Case". The Daily Beast. Retrieved 7 February 2012.