CA, US & World
Supreme Court Rules Wounded Soldier Can Sue Military Contractor Over Bagram Bombing
The Supreme Court on Wednesday sided with an Army specialist who was severely injured by a suicide bomber on Bagram Air Base and is attempting to sue a military contractor for failing to supervise the Afghan employee who carried out the attack.
The 6-3 decision, which split the court’s conservatives and was written by Justice Clarence Thomas, will allow Winston T. Hencely, who was 20 years old when he confronted the attacker in a 2016 incident, to continue to pursue his lawsuit for damages.
Hencely lost full use of his left arm, left hand and left side of his face after the attack, which killed five soldiers and civilians and wounded more than a dozen others. His lawyers said he endures chronic pain, cognitive disorders, memory loss and anxiety. The bomber was later identified as Ahmad Nayeb, an Afghan national who was working at a vehicle maintenance yard for a military contractor. Hencely sued the contractor, Fluor Corporation, and a subcontractor for failing to properly vet and supervise Afghan employees.
“The government required Fluor to hire Afghan employees and to provide logistics for Bagram Airfield,” Thomas wrote for the court. “But, it did not, Hencely contends, require Fluor to leave Nayeb unsupervised, allow him to walk alone for an hour after his shift, or permit him to obtain unauthorized tools with which he could build a bomb.”
The Army, Thomas wrote, “concluded that Hencely’s intervention ‘likely prevented a far greater tragedy.’” A federal district court had originally ruled against Hencely based on a 1988 Supreme Court precedent that limits the ability of people to file injury lawsuits against military contractors. In that case, a sharply divided Supreme Court barred such lawsuits, noting that the US military had approved the equipment design in question.
Justice Samuel Alito, another member of the court’s conservative wing, wrote a dissent Wednesday saying that war zones are typically considered the purview of the federal government, not individual states. “May a state regulate security arrangements on a military base in an active warzone? May state judges and juries pass judgment on questions that are inextricably tied to military decisions that balance war-related risks against long-term strategic objectives? In my judgment, the answer to these questions must be ‘no,’” Alito wrote. Alito was joined by Chief Justice John Roberts and Justice Brett Kavanaugh.
Fluor Corporation argued that the 1988 case should end Hencely’s litigation, claiming the Army had authorized Nayeb’s employment and withheld security concerns about him from the company. The Trump administration also sided with the subcontractor, arguing that military contractors should not be subject to state tort suits.
However, Hencely countered that the 1988 decision was different because the contractor in that case was simply following orders. “Boyle recognized a limited defense for contractors who do what the government says,” Hencely’s attorney told the Supreme Court during oral arguments in early November. “Boyle doesn’t apply here because the Army itself found that Fluor violated.”
Hencely sued in a federal court in South Carolina for damages, alleging negligent supervision and other claims under state law. After the federal district court sided with the contractor, the 4th US Circuit Court of Appeals upheld that decision. Hencely then appealed to the Supreme Court, which has now cleared the way for his case to move forward.
Explore: NBCPalmSprings.com, where we are connecting the Valley.
By: CNN Newsource
April 22, 2026
Latest Instagram Posts
At the annual 9/11 Memorial Stair Climb at Morongo Casino Resort & Spa, first responders, families and community members came together to honor the lives lost—and the heroes who answered the call 25 years ago on September 11, 2001. Two first responders who responded to opposite sides of the World Trade Center met for the first time at the event, sharing a powerful moment of remembrance and connection. 26 flights. Three times. One enduring message: Never Forget. #NeverForget #September11 #911Memorial #MemorialStairClimb #FirstResponders HonorAndRemember 911
Palm Desert’s future takes center stage next week. The Palm Desert Area Chamber of Commerce presents the 2026 State of the City Address & Luncheon on Friday, September 18, at the JW Marriott Desert Springs Resort. The event brings together local business leaders, community members and city stakeholders for an inside look at the priorities, opportunities and future of Palm Desert. Friday, September 18 11:30 a.m. – 1:30 p.m. JW Marriott Desert Springs Resort Palm Desert Individual tickets are $85 for Chamber members and $95 for non-members. Get the details and registration information from the Palm Desert Area Chamber of Commerce. #PalmDesert #StateOfTheCity #CoachellaValley #PalmDesertBusiness #GreaterPalmSprings #PalmDesertChamber
25 years later, the memories of 9/11 remain vivid for the firefighters who witnessed the tragedy firsthand. A longtime FDNY firefighter reflects on the trauma, loss and moments that have stayed with him a quarter-century after the attacks. #911 #September11 #NeverForget #FDNY #Firefighter #911Anniversary #25YearsLater #NewYorkCity #Remembering911 #NBCTPalmSprings
A troubling history is coming to light in a Palm Desert husband’s death. 65-year old Vicky Kim is accused in the death of her husband — but prosecutors say she had previously faced several domestic violence cases involving him. The Riverside County District Attorney’s Office says it had secured protective orders against Kim before a judge later resolved her cases as misdemeanors, released her from custody and terminated those orders. Now, Kim is expected to be arraigned in connection with her husband’s death. Court records allege the weapon used was a flagpole.
☕️🔥 How hot is TOO hot? A new study finds that drinking scalding-hot beverages may be linked to nearly 3 times the risk of esophageal cancer—the most common type of cancer affecting the esophagus. The takeaway? Let that coffee, tea or other hot drink cool down before taking a sip. ❤️ #HealthNews #EsophagealCancer #CancerRisk #HotBeverages #Coffee #Tea #CancerAwareness #HealthyHabits #HealthTips
☕️ Social Time with Thalia & Jerry. The squishy craze!
Coachella city council unanimously approved an anti-nepotism rule that ban an any Councilmember from appointing a family member or household member to the city’s commissions and committees. Tune in to our 11 p.m newscast as our @newsbyalondra breaks down the policy.
An anti-nepotism rule will be discussed and voted on at tonight’s Coachella City Council meeting - that would ban city council members from appointing their own family members or household members to commissions and committees. Tune in to our 8:30 p.m newscast and our socials and website as our @newsbyalondra brings us the latest details on that final vote.
☕️ Social Time with Thalia & Jerry. What’s your favorite NFL team?
A major cleanup is underway after powerful waves damaged 14 beachfront homes near Capistrano Beach in Orange County. Residents are concerned their homes could remain vulnerable without protective measures in place. Crews are clearing debris, while efforts to bring in protective boulders were delayed by high tide. #California #OrangeCounty #CapistranoBeach #CoastalWaves #Beachfront #WeatherNews