McCuskey Praises Supreme Court Decision for Wounded Veteran
Summary
West Virginia Attorney General JB McCuskey is praising the Supreme Court's 6-3 decision in Hencely v. Fluor, which allows a lawsuit by U.S. Army veteran Winston Tyler Hencely against Fluor Corporation to proceed. Hencely was injured in Afghanistan when a Taliban insurgent working as a Fluor contractor detonated a suicide bomb during a Veterans Day 5k run, killing 5 people and injuring 16 including Hencely. The Supreme Court vacated lower court rulings that had dismissed the case, rejecting the argument that federal contractors should be immune from lawsuits during combat operations.
“In a 6-3 decision, the Supreme Court allowed a lawsuit brought by a U.S. Army veteran to proceed, vacating a lower court ruling that dismissed it.”
Defense contractors with personnel deployed in high-risk regions should review their hiring and supervision protocols in light of this ruling, which rejected wartime immunity defenses for contractor negligence claims.
About this source
GovPing monitors AG: West Virginia News for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 18 changes logged to date.
What changed
The Supreme Court reversed lower court dismissals in Hencely v. Fluor, allowing the veteran's negligence lawsuit against Fluor Corporation to proceed. The Court rejected the argument that federal contractors receive wartime immunity similar to the federal government during combat operations. AG McCuskey led a bipartisan amicus brief on behalf of West Virginia and 19 other states supporting the veteran's right to sue.
Defense contractors with operations in combat zones may face increased exposure to civil liability for negligent hiring and supervision claims. Firms should review their contractor vetting and oversight procedures given this Supreme Court ruling limiting contractor immunity defenses.
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Attorney General McCuskey Praises Supreme Court Decision in Wounded Veteran Case
April 23, 2026
West Virginia Attorney General JB McCuskey today is praising the Supreme Court’s decision in Hencely v. Fluor, ruling on the side of a veteran who was wounded in Afghanistan by a private contractor.
Attorney General McCuskey led a bipartisan amicus brief on behalf of West Virginia and 19 other states in the case, supporting Hencely.
“This brave soldier not only suffered tremendously while serving his country, but he also had to come home and fight for justice. We knew the lower courts got it wrong, and I’m proud the high court agreed with us. Today, justice prevailed,” Attorney General McCuskey said.
In a 6-3 decision, the Supreme Court allowed a lawsuit brought by a U.S. Army veteran to proceed, vacating a lower court ruling that dismissed it.
Winston Tyler Hencely was injured when a suicide bomb was detonated during a Veterans Day 5k run. The explosion killed 5 people and injured 16, including Hencely. The suicide vest was set off by a former Taliban insurgent who was working as a contractor for Fluor Corporation.
Hencely’s lawsuit against Fluor was filed in South Carolina for negligent hiring and supervision. Lower courts dismissed the case, ruling that federal contractors should be protected from lawsuits, just like the federal government, during times of combat. The Supreme Court Wednesday disagreed.
Read the Attorney General’s amicus brief here and the Supreme Court’s ruling here.
Contact Name Kallie Cart
Contact Phone
304-558-2021 Contact Email kcart@wvago.gov
Mentioned entities
Related changes
Get daily alerts for AG: West Virginia News
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from WV AG.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when AG: West Virginia News publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.