Davis v. U.S. Training Center, Inc.

Susan L. Burke
Born	(1962-07-30) July 30, 1962 United States
Occupation	Lawyer
Known for	Military justice reform, human rights litigation, representing Abu Ghraib detainees, Abtan v. Blackwater lawsuit

Susan L. Burke (born July 30, 1962) is an American lawyer recognized for her efforts to reform how the military handles prosecution of rape and assault cases. She has represented clients suing the U.S. military or its contractors, notably in the Abtan v. Blackwater lawsuit. Burke advocated for former detainees of Abu Ghraib in legal actions against interrogators and translators from CACI and Titan Corp., who played roles in gathering military intelligence during detention. Her work has been highlighted in documentaries such as The Invisible War and Ghosts of Abu Ghraib. In 2015, the National Law Journal listed Burke among the top 75 female attorneys in the United States.

Early life and education

Raised as the daughter of an Army colonel and a nurse practitioner, Burke spent her childhood moving among various military bases. Eventually, her family settled in northern Virginia, where her mother served as a nursing instructor at Catholic University. She completed a Bachelor of Science degree in Foreign Service at Georgetown University and earned her J.D. in 1987 from the Columbus School of Law at the Catholic University of America.

Career

Since 2005, Burke has led her own law practice under names including Burke Pyle LLC, Burke O'Neil LLC, and Burke PLLC. In 2000, she was appointed Equity Partner at Montgomery, McCracken, Walker and Rhoads LLP. Her professional affiliations have also included Motley Rice, Katz Marshall and Banks, as well as Montgomery McCracken Walker and Rhoads. Burke gained admission to practice before the U.S. Court of Appeals for the Fourth Circuit in 1987, the U.S. District Court for the Eastern District of Virginia in 1989, and the U.S. Supreme Court in 2010.

Sexual assault

Burke has championed reform efforts supporting victims of sexual assault within the military justice system. In 2011, she initiated litigation on behalf of seventeen active-duty service members and veterans who alleged assault alongside insufficient responses by the Defense Department. The lawsuit implicated former Secretaries of Defense Donald Rumsfeld and Robert Gates as partly accountable for creating conditions that allowed such abuses to persist.

The suit was ultimately dismissed based on legal precedents barring service members from suing the military for injuries sustained during service, including cases involving sexual assault.

Burke’s involvement began after a female soldier reported being raped on an Army installation but encountered no accountability due to lost evidence. She criticized the military justice framework as "completely dysfunctional," highlighting that only a minuscule proportion—roughly 100 out of about 12,000 offenders—faced prosecution, with even fewer resulting in convictions.

Burn pits

Burke took the lead in class-action litigation against KBR and Halliburton on behalf of military personnel who reported illnesses linked to exposure to the companies’ open-air burn pits in Iraq and Afghanistan. She was designated as Lead MLD Counsel in the consolidated multi-district litigation. The defense successfully maintained that military directives governed the waste disposal practices, thereby exempting the companies from responsibility for any resulting health issues.

In 2022, legislation signed by President Biden broadened healthcare benefits for approximately 3.5 million veterans affected by these conditions.

Abu Ghraib

Burke acted as legal counsel for detainees involved in the Abu Ghraib scandal, an event that profoundly influenced public sentiment against the U.S. presence in Iraq. Her clients, detained as enemy combatants during the War on terror, endured documented instances of physical and sexual mistreatment at the hands of U.S. military staff.

Her legal action targeted government contractors Titan Corporation and CACI Premier Technologies, who were implicated in the abuses. In 2013, Engility Holdings, which had acquired Titan, revealed a $5 million settlement related to this matter.

Nisour Square

Burke initiated several lawsuits against government contractor Blackwater Worldwide following a 2007 shooting in Baghdad that resulted in 17 Iraqi fatalities. One employee faced a murder conviction, three others were found guilty of manslaughter and firearms violations, while a fifth pleaded guilty to manslaughter charges. This incident severely tarnished Blackwater's public image, raising serious questions about its conduct under substantial U.S. government contracts. Although it withstood Justice Department probes, widespread public condemnation led to contract losses and multiple rebrandings and ownership changes.

The associated civil litigation was resolved through settlement, as noted by the International Crimes Database.

Prisoner abuses

Burke represented two inmates alleging unprovoked assaults by correctional officers at a Sussex County, Delaware detention facility. The prisoners claimed they were attacked by one guard and subsequently joined by others without provocation. One inmate described being beaten while lying on the cell floor with hands visible and restrained. This case underscores persistent issues related to abuse within correctional institutions.

Disability rights, other work

Burke has litigated cases involving individuals with mental health conditions (Dixon et al. v Williams), disabilities (lawsuit concerning Baltimore’s paratransit system), and inmates subjected to excessive charges for jail phone calls. Additionally, he pursued claims of Medicare and Medicaid fraud against healthcare providers and engaged in campaign finance matters for former Philadelphia Mayor Michael Nutter.

Abtan v. Blackwater

Burke represented plaintiffs in litigation against Blackwater (now Academi) concerning the 2007 Nisoor Square shooting in Baghdad. The complaint alleged breaches of the federal Alien Tort Statute involving extrajudicial killings and war crimes, alongside claims of assault, wrongful death, emotional distress, and negligent hiring. The matter was settled on January 6, 2010.

Saleh v. Titan Corp.

In 2008, Burke acted on behalf of former detainees who brought claims against CACI International Inc. and Titan Corp., alleging abuse at Abu Ghraib. The D.C. Circuit Court of Appeals dismissed the lawsuit in 2009, determining that contractors were not accountable under the Alien Tort Statute. The Supreme Court opted not to review this ruling in 2011.

Davis v. U.S. Training Center, Inc.

This 2011 False Claims Act case accused U.S. Training Center (previously known as Blackwater Training Center) of inflating charges to the U.S. government for security services provided after Hurricane Katrina and in Iraq and Afghanistan. After excluding significant evidence and dismissing unproven claims—such as billing for escorts—a jury ultimately sided with U.S. Training Center in August 2011.

Burke v. Doe

The landmark cases referred to as Burke-I and Burke-II stemmed from a 2013 defamation action initiated by Burke against two Wikipedia contributors who allegedly propagated false statements that she had been sanctioned by a federal judge. The conflict also involved erroneous content in her Wikipedia profile concerning the Atban litigation and a criminal case linked to Blackwater. Burke contended the editors had conflicts of interest, suggesting they might have been affiliated with Blackwater during the edits. Defense counsel Christopher Hajec from the Center for Individual Rights warned that the lawsuit could suppress free expression and deter public discourse on Wikipedia. On May 29, 2014, a Washington DC court invalidated one of Burke’s subpoenas under local anti-SLAPP statutes, while the other subpoena remained operative.

Cioca et al. v. Rumsfeld et al.

Burke represented active-duty military personnel and veterans who alleged sexual assault or rape within the armed forces, arguing that the Department of Defense inadequately investigated or prosecuted these incidents. Former Secretary of Defense Donald Rumsfeld was named among the defendants. The court dismissed the complaint, ruling that service members cannot sue the military for injuries incurred “incident to plaintiffs’ military service.”

Criticism, defamation suit

Investigative reports by The New York Times and CBS News scrutinized Burke’s defense of Abu Ghraib detainees, referencing Pentagon statistics indicating that between 14% and 20% of released detainees classified as low-risk were suspected of resuming terrorist activities. One such individual, Ibrahim Shafir Sen, whom Burke represented in litigation against Secretary of Defense Donald Rumsfeld, was subsequently re-arrested in Turkey on charges of leading an al-Qaida cell.

During a hearing addressing civil immunity for government contractors at Abu Ghraib, Burke maintained that enemy combatants should have the right to sue U.S. soldiers if the attorney general does not intervene; however, this argument was rejected by the court.

Defamation lawsuit

In September 2013, Burke initiated a defamation suit seeking to uncover the identities of two anonymous Wikipedia editors she accused of inserting misleading content into her article, with the intent to explore any Blackwater connections. One defendant responded by filing an anti-SLAPP motion, asserting that Burke’s lawsuit was intended to suppress protected speech. Although the trial court denied this motion initially, on May 29, 2014, the D.C. Court of Appeals overturned that decision, holding that Burke qualifies as a public figure who must demonstrate actual malice—a burden she was unlikely to meet. The appellate court also permitted Doe to pursue attorney fees in the trial court proceedings.