Hencely v. Fluor Corp. · ¶50

In the years before this event, Taliban supporters repeatedly attacked Bagram, but the military nevertheless decided for strategic reasons to adopt a policy known as “Afghan First,” which required contractors working on the base to maximize the employment of Afghans. Under that policy, military officials vetted Nayeb, a former Taliban member, and cleared him to work on the base. Giving a person with Nayeb's background regular access to Bagram presented an obvious risk, but the decisionmakers apparently concluded that long-term foreign policy and defense objectives justified that danger. As a result, a subcontractor for Fluor Corporation, a defense contractor engaged in work on the base, employed Nayeb. Fluor had responsibility for supervising Nayeb's conduct, and Fluor allegedly failed to provide adequate supervision.

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