Fourth Circuit Reverses Abu Ghraib Verdict Citing Supreme Court's Cisco Decision

The US Supreme Court's decision in Cisco Systems Inc. v. Doe (2026) has far-reaching implications for human rights cases under the Alien Tort Statute (ATS). In a recent development, the Fourth Circuit overturned a $42 million verdict awarded to detainees tortured at Abu Ghraib prison in Iraq, citing Cisco as precedent.

The ATS grants federal courts jurisdiction over civil actions by aliens for torts committed in violation of international law or US treaties. The Supreme Court recognized an implied cause of action under federal common law in Sosa v. Alvarez-Machain (2004), but later narrowed the scope of ATS claims in a series of cases between 2013 and 2021.

In Cisco, the Supreme Court held that courts may not create new causes of action for violations of international norms under the ATS, effectively overruling Sosa's framework. The Fourth Circuit applied this decision to Al Shimari v. CACI Premier Technology, Inc., reversing a verdict that found the company liable for conspiracy to commit torture and awarding $14 million in damages to each of three plaintiffs.

The plaintiffs argued that Cisco permits claims for torts corresponding to the Blackstone three, but the Fourth Circuit disagreed, citing Cisco as precedent. The decision marks the end of ATS claims related to Abu Ghraib, a case that began in 2003.