Jennings v. Smith et al

On December 21, 2023, in the Eastern District of Virginia, Sarah Jennings filed a wrongful death lawsuit against Thomas Smith, a former Blackwater contractor, and Blackwater Security Consulting. The suit alleges that in 2019, Smith fatally shot her husband, journalist Matthew Jennings, in a conflict zone while the contractor was providing security services for a U.S. government subcontract. The plaintiff claims the shooting was unprovoked and resulted from negligent rules of engagement, seeking damages under the Alien Tort Statute and federal tort law. The defendants argue the case presents non-justiciable political questions and that Smith acted in self-defense amid hostile fire.

The court denied the defendants' motion to dismiss in July 2024, ruling the case justiciable. Trial is scheduled for March 2025.

The central dispute is whether a private military contractor and its employee can be held civilly liable in U.S. federal court for an alleged extrajudicial killing overseas, or whether the case is barred by the political question doctrine and derivative sovereign immunity.

The case intensified public debate on holding private military contractors accountable for overseas conduct and highlighted gaps in legal oversight of privatized warfare.