05/01/2026
VFW Applauds Supreme Court Decision Reaffirming Accountability for Contractors
The ruling marks a significant victory for service members harmed by contractor negligence
WASHINGTON (April 22, 2026) – The Veterans of Foreign Wars (VFW) today applauded a landmark decision by the U.S. Supreme Court in Hencely v. Fluor Corp., which restores a critical legal pathway for injured service members seeking accountability from government contractors.
In a decision issued April 22, 2026, the court vacated a lower-court ruling that had broadly shielded contractors from liability under the doctrine of “battlefield preemption.” The ruling allows U.S. Army Spc. Winston Hencely’s case to proceed, marking a significant victory for service members harmed by contractor negligence.
The case stems from a 2016 attack at Bagram Airfield, where Hencely was severely injured while confronting a su***de bomber employed by contractor Fluor. His actions likely prevented greater loss of life, but he suffered permanent disabilities, including a traumatic brain injury.
After lower courts dismissed his lawsuit, VFW General Counsel John Muckelbauer filed amicus briefs at both the certiorari and merits stages, arguing that overly broad application of battlefield preemption denied service members meaningful legal recourse.
“The Supreme Court’s decision is a decisive affirmation that contractors cannot evade accountability when their actions fall outside authorized military direction,” said Muckelbauer. “This ruling ensures that injured service members like Winston Hencely retain access to state-law tort claims – one of the only remaining avenues for legal accountability and meaningful recovery available to service members – particularly for incidents occurring in areas where safety should be paramount.”
The court’s opinion, delivered by Justice Clarence Thomas, aligns closely with the VFW’s arguments, rejecting blanket immunity for contractors and clarifying that federal law does not preempt state-law claims absent a clear conflict with federal interests. The decision narrows the scope of contractor immunity and reinforces the principle that negligence, especially in controlled environments, must be subject to legal scrutiny.
The VFW emphasized that this outcome preserves accountability and strengthens protections for those who serve.
“As advocates for veterans, service members, and their families, we remain committed to ensuring justice is not denied through overly broad legal doctrines,” said Muckelbauer.
The VFW will continue to monitor the case as it proceeds and stands ready to support efforts that uphold the rights and protections of America’s service members.
