Winston Tyler Hencely, Petitioner v. Fluor Corporation, et al.

This case came from a bombing at Bagram Airfield in Afghanistan involving a Fluor employee. Hencely sued Fluor under South Carolina tort law (law on civil wrongs causing injury). The Court held state-law claims can proceed if the government did not order or authorize the conduct.

People injured by military contractors may keep using state tort law (injury law) in some cases. For example, Hencely’s negligence claims against Fluor can proceed if the government did not order that conduct. Next, more suits may test whether contractors followed military instructions or exceeded their authority. Congress could still grant broader immunity (protection from being sued), but no specific law did here.

Not official Court text.