Susan L. Burke (born July 30, 1962) is an American lawyer noted for her work to reform the military system of prosecuting rape and assault and in representing plaintiffs suing the American military or military contractors, such as the Abtan v. Blackwater case. She represented former detainees of Abu Ghraib prison in a suit against interrogators and translators from CACI and Titan Corp. who were tasked with obtaining military intelligence from them during their detention. Her work was featured in the documentaries The Invisible War"The Invisible War". IMDB. Retrieved July 5, 2023. and Ghosts of Abu Ghraib.Ghosts of Abu Ghraib. 2007. In 2015, the National Law Journal named Burke one of the top 75 female attorneys in the nation.
Early life and education Burke, the daughter of an Army colonel and nurse practitioner, grew up on various Army bases. Burke's family ended up in northern Virginia, where her mother taught nursing at Catholic University."Lawyer leads charge against sexual assault in military." The Washington Post. Sept. 2, 2013. Retrieved July 5, 2023. She received a Bachelor of Science in Foreign Service degree from Georgetown University, and received her J.D. in 1987 from the Columbus School of Law at the Catholic University of America.
Career Burke has had her own firm since 2005, which has been known in turn, as Burke Pyle LLC, Burke O'Neil LLC, and Burke PLLC. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. She has had past associations with Motley Rice,Susan L. Burke profile. Law360. Accessed July 5, 2023 Katz Marshall and Banks, and Montgomery McCracken Walker and Rhoads.CV for Susan L. Burke. Justice.gov. Accessed July 5, 2023. Burke was admitted to the bar of the U.S. Court of Appeals for the Fourth Circuit in 1987Members of the bar listing, U.S. Court of Appeals for the Fourth Circuit, Accessed July 5, 2023 and to the bar of the U.S. District Court for the Eastern District of Virginia in 1989. She was admitted to the bar of the U.S. Supreme Court in 2010.
Military Sexual assault Burke has advocated on behalf of victims of military sexually assault and rape, seeking to change the military system for prosecuting such crimes.“Shameful silence surrounds sexual assault in the military.” U.S. Catholic. January 7, 2015. Accessed July 5, 2023.“Protect Our Defenders Announces Appeal in Cioca v. Rumsfeld.” Press release. April 24, 2012. Accessed July 5, 2023. In 2011, Burke brought suit on behalf of 17 active-duty service members and veterans who said they were assaulted while in the military and that the Defense Department’s handling of their claims failed to bring the perpetrators to justice.Opinion in Cioca v. Rumsfeld, No. 12-1065. United States Court of Appeals for the Fourth Circuit. July 23, 2013. Accessed July 5, 2023 Burke filed suit against former Secretaries of Defense Donald Rumsfeld and Robert Gates on the grounds that they were partially responsible for creating a military environment that made such assaults possible.
The lawsuit was dismissed when the court found that “members of the armed forces cannot sue the military for injuries incurred while serving, including sexual assaults.”Cioca et al. v. Rumsfeld et al. case history. AAUW. Accessed July 5, 2023.
Burke has said in media interviewsRehm, Diane. "NPR Interview - Sexual Assault and the U.S. Military". The Diane Rehm Show. NPR. Retrieved December 13, 2011. that she got involved in the issue of military sexual assault based on a call from a woman who had been raped on an Army base but whose case went nowhere after the military claimed to have lost the physical evidence. The woman lost her case.
“It is a completely dysfunctional system,” Burke told the Prince George’s County, Md., TV program Chat with a Lawyer.“Chat With A Lawyer: Attorney Susan Burke On Her Representation Of Victims Of Sexual Assault In The Military.” Verizon 25 / Comcast 71. Accessed July 5, 2023. “They were not convicting people. They weren’t court-martialing people. A tiny fraction, about 100 people, from about 12,000 rapists, were being prosecuted. And most of those weren’t even being convicted.”
Burn pits
Burke brought a series of class-action lawsuits against KBR and Halliburton on behalf of service members who said exposure to the companies’ open-air “burn pits” in Iraq and Afghanistan made them ill.“Troops in Mideast Face Breathing Ills.” The Wall Street Journal. May 17, 2011. Retrieved July 5, 2023.“The Soldiers Came Home Sick. The Government Denied It Was Responsible.” New York Times. Jan. 11, 2022. Retrieved July 5, 2023.“KBR Tells Court It Was Following Military Orders When Employees Burned Toxic Waste in Open Pits.” Global Policy Forum. February 12, 2010. Retrieved July 5, 2023. She was appointed Lead MLD Counsel in the multi-district litigation. The companies prevailed in their argument that the military directed how to handle the garbage on bases, so they were not responsible for any downstream health effects.
In 2022, President Biden signed a bill to expand health care services for the estimated 3.5 million victims.“Biden signs ‘burn pits’ help for vets; a personal win, too.” Associated Press. August 10, 2022. Retrieved July 5, 2023.
Human rights Abu Ghraib
Burke represented detainees held at the Abu Ghraib prison—the scandal of the U.S. government-run torture site was significant in turning public opinion against the U.S. occupation of Iraq.“Pentagon Asks Interrogators About Techniques.” The Wall Street Journal. Aug. 11, 2004. Retrieved July 5, 2023.“The Reach Of War: Contractors; Ex-Detainees Sue Companies For Their Role In Abuse Case.” New York Times. June 10, 2004. Retrieved July 5, 2023. Burke's clients had been detained at the prison as enemy combatants, and the U.S. government sought intelligence from the detainees in the war on terror. In 2004, photos surfaced showing detainees stripped naked, intimidated with dogs and covered in excrement. In some of the photos, U.S. military personnel were smiling, appearing to revel in the debasement of the detainees. Investigations found that detainees had been killed and physically and sexually assaulted at the prison.
The lawsuit brought by Burke on behalf of the detainees was against government contractors Titan Corporation and CACI Premier Technologies.“Abu Ghraib Torture Suit Proceeds to Trial.” Prison Legal News. April 15, 2009. Retrieved July 5, 2023
In 2013, defendant company Engility Holdings, which absorbed contractor Titan Corporation, disclosed a $5 million settlement in the case.“Contractor Settles Case in Iraq Prison Abuse.” The New York Times. Jan. 8, 2013. Retrieved July 5, 2023.
Nisour Square
Burke filed a series of suits against government contractor Blackwater Worldwide for their role in an October 2007 shooting in Baghdad that left 17 Iraqis dead. One employee was found guilty of murder. Three others were convicted of manslaughter and firearms crimes. A fifth employee had previously pleaded guilty to manslaughter.Blackwater Guards Found Guilty in 2007 Iraq Killings. The New York Times. Oct. 22, 2014. Retrieved July 5, 2023. The New York Times summarized the damage to the public image of the company:
The civil case was settled, according to the International Crimes Database project.Estate of Himoud Saed Abtan et al. v. Prince et al., International Crimes Database project. Accessed July 6, 2023
Prisoner abuses
Burke filed suit on behalf of two prisoners who alleged they were beaten by guards at a Sussex County, Delaware, prison. According to the inmates' suit, a guard at the facility attacked them and then was joined by other guards, even though they had done nothing to provoke the violence. One prisoner stated that he had laid down on his cell floor with his hands visible and behind his back, but was still assaulted by the guards.Davis v. Neal, complaint in the U.S. District Court for the District of Columbia. December 17, 2021. Retrieved July 5, 2023.“Delaware ACLU in federal court to fight ‘unprovoked violence’ against prisoner s.” WHYY-FM. January 5, 2022. Retrieved July 5, 2023.Davis et al. v. Neal et al. case summary. ACLU Delaware. Retrieved July 5, 2023.
Disability rights, other work Burke has prosecuted cases on behalf of people with mental illness, (Dixon et al. v Williams),P laintiffs memorandum in Dixon et al. v Gray et al. September 8, 2011. Accessed July 5, 2023. people with disabilities (Baltimore suit over the paratransit system), and inmates who asserted they were overcharged by providers of phone services in the jails. Burke has brought cases against health care providers for alleged Medicare and Medicaid fraud and worked on campaign finance issues on behalf of former Philadelphia Mayor Michael Nutter.Nutter v. Dougherty. CaseText.com. Accessed July 6, 2023.
Notable cases Abtan v. Blackwater
Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater (now Academi). The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal Alien Tort Statute by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision. The lawsuit was settled on January 6, 2010.
Saleh v. Titan Corp. In 2008, a federal judge in Virginia allowed former detainees to sue CACI International Inc. and Titan Corp. for mistreatment while being held in Abu Ghraib. Burke represented a group of men suing these organizations. The case was dismissed on September 11, 2009, by a panel of the Court of Appeals for the District of Columbia, on the grounds that the charges could not be brought against the contractors under the Alien Tort Statute. On June 27, 2011, the Supreme Court refused to review the case.
Davis v. U.S. Training Center, Inc. A suit, officially known as United States of America, ex rel. Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc., was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011, under the False Claims Act (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after Hurricane Katrina, as well as in Iraq and Afghanistan. On August 5, 2011, a jury ruled in favor of U.S. Training Center. Much of the evidence presented had been ruled by Federal Judge T.S. Ellis III to be either inadmissible or unsubstantiated, including the oft-reported claim that the contractors had billed the government for prostitutes.
Burke v. Doe These are two precedent setting cases commonly referred to as Burke-I and Burke-II.