Supreme Court lets troops sue military contractors

April 23, 2026

Summary

The Supreme Court ruled that U.S. troops may sue military contractors over injuries caused by contractor negligence in combat zones.

Why this matters

The ruling narrowed legal protections for military contractors and allows service members to pursue claims for injuries tied to contractor conduct in war zones. It also reversed a lower-court standard that had broadly barred such lawsuits.

The Supreme Court ruled Wednesday that U.S. troops may sue military contractors for injuries suffered in combat zones if a contractor’s mistakes or negligence caused the harm.

In a 6-3 decision, the court sided with Army Specialist Winston Hencely, who was severely injured in a 2016 suicide bombing at Bagram Airfield in Afghanistan. Five soldiers were killed and 17 were wounded. Hencely, then 20, suffered a fractured skull and brain injuries and is permanently disabled.

Justice Clarence Thomas wrote the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson.

Thomas wrote that neither federal law nor the Constitution shields military contractors from liability when their actions injure service members. He has previously objected to court precedents that barred troops from suing the U.S. government over injuries, including those tied to medical treatment, and said that rule should not be extended to contractors.

Justice Samuel A. Alito Jr. dissented, joined by Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh.

“Because the Constitution gives the federal government exclusive authority over foreign affairs and the conduct of wars, federal law preempts all state law that substantially interferes with the Government’s exercise of those powers,” Alito wrote.

According to the Army, Hencely tried to stop and question Ahmad Nayeb, an Afghan employee, as he approached soldiers gathered for a Veterans Day 5K race. The Army said Hencely’s actions “likely prevented a far greater tragedy.”

An Army investigation found that Fluor Corp., which had a contract to run operations at the base, was primarily responsible for the attack. The report said Fluor was negligent in hiring Nayeb, whom it said had been a Taliban operative, and failed to supervise him closely.

Hencely sued Fluor over his injuries, but a federal judge in South Carolina and the 4th U.S. Circuit Court of Appeals dismissed the suit. The appeals court said, “During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor’s engagement in such activities shall be preempted.”

The Supreme Court reversed that ruling, allowing Hencely’s lawsuit to move forward.

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