injuries

WASHINGTON  — The Supreme Court ruled Wednesday that U.S. troops may sue military contractors for their injuries, siding with a soldier who was badly injured when a Taliban operative working at the Bagram Airfield detonated a suicide bomb.

Five soldiers were killed and 17 were wounded, including 20-year-old Winston Henceley, who suffered a fractured skull and brain injuries and is permanently disabled.

In a 6-3 decision, the court ruled that neither federal law nor the Constitution shields military contractors if their mistakes or negligence result in solders being injured in a combat zone.

Justice Clarence Thomas wrote the court’s opinion for an unusual majority that included Justices Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson.

In the past, Thomas has objected to court precedents that prevented troops from suing the U.S. government for their injuries, including from medical practice.

And he said that rule should not be expanded to shield military contractors.

Justice Samuel A. Alito Jr. dissented, along with Chief Justice John G. Roberts and Justice Brett M. Kavanaugh.

“Because the Constitution gives the federal government exclusive authority over foreign affairs and the conduct of wars, federal law preempts all state law that substantially interferes with the Government’s exercise of those powers,” Alito wrote.

Hencely had tried to stop and question Ahmad Nayeb, an Afghan employee, as he walked toward soldiers who had gathered for a Veteran’s Day 5K race in 2016.

The Army concluded that Hencely’s intervention “likely prevented a far greater tragedy,” and its investigation concluded that the Fluor Corporation that had a contract to run operations at the base was primarily responsible for the attack.

The report said Fluor was negligent in hiring an Afghan who had been a Taliban operative, and it failed to closely supervise him.

But Henceley sued Fluor for his injuries; a federal judge in South Carolina and the 4th Circuit threw out his suit.

“During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor’s engagement in such activities shall be preempted,” the 4th Circuit said.

The court agreed to hear his appeal and overturn the 4th Circuit, clearing his suit to proceed.

April 18 (UPI) — Tornadoes swept through several midwestern cities Friday leaving destruction and devastation in their wakes as a massive storm system tore through the area.

Rochester, Minn., Lena, Ill., and Ringle, Wis., were hit by tornados on Friday.

Rochester saw winds at about 130 mph. The NWS has teams surveying the damage in Minnesota and Wisconsin Saturday, CBS News reported.

No injuries have been reported, the Olmsted County Sheriff’s Office said. But damage to homes and vehicles was extensive in Rochester.

No injuries were reported in Lena, Ill., either, though there is extensive damage. The village in northwestern Illinois is completely blocked, the Stephenson County Sheriff’s Office posted on Facebook.

“There is no way to get into town due to trees and wires down,” the post said. “Emergency Services are assisting people per Sheriff [Steve] Stovall.”

“We are extremely fortunate that this storm did not result in loss of life or serious injury,” Stovall said in a statement. “Our focus remains on ensuring the safety of our residents, securing the affected areas, and supporting the Village of Lena as recovery efforts move forward.”

About 75 homes suffered damage in Ringle, Wis., west of Green Bay. Ringle Fire Chief Chris Kielman said some people were trapped in their basements, but there were no injuries or deaths.

A tornado flipped a semi-tractor near Elgin, Minn., and caused damage on two farmsteads, The Weather Channel reported.

More storms are expected in the region Saturday, but they aren’t likely to be as severe.

Wisconsin has seen a week of destruction as severe weather has pummeled the state. On Monday, a tornado touched down in the central part of the state, followed by five touchdowns on Tuesday, the Milwaukee Journal Sentinel reported. There was another round of storms on Wednesday that flooded homes, businesses and roads in Milwaukee.

“Having four out of five severe weather days with tornado activity is very rare for southern Wisconsin, especially in April,” Marcia Cronce, a meteorologist with the Milwaukee/Sullivan National Weather Service office, told the Journal Sentinel. “We had a very broad weather pattern over the center of the country, and Wisconsin was right in the battleground.”

“I have not seen devastation like this in my 35 years working in Marathon County,” Marathon County, Wis., Sheriff Chad Billeb said.

“Most of the damage [in central Wisconsin] is associated with the potential tornadoes that occurred,” Scott Berschback, a meteorologist with the Green Bay weather service office, told the Journal Sentinel.

“One of these events is not rare — we have severe weather quite often in April — but the back-to-back nature of them is a pretty unprecedented event,” Berschback said.

Dave Vetsch told CBS he was next door to his father’s place with two of his sons at his business when his kids said they had a tornado alert on their phones.

“We stepped out on the loading dock and holy smokes, there was one coming right at us,” Vetsch said.

Andrew Hawkins’ father-in-law lost his home to Friday’s tornado in Rochester.

“You always, you know, see it on the news and hear about it, to see it is another thing,” Hawkins said.

“The electricity went out, and I took the dog and went down in the basement in the shower, and I heard a big old crash, and I thought, ‘Oh, well, there goes the roof!’ but it wasn’t,” said Marcia, a Lena resident, to CBS. The noise was a large tree falling in her yard.

Brazil defender Gabriel Magalhaes has become the latest player from title-chasing Arsenal to withdraw from international duty with injury.

Six of the Arsenal first-team squad have now pulled out or been determined to be unavailable to represent their country in the international window that begins this week.

The Brazil Football Federation (CBF) said that Gabriel will miss the friendlies against France and Croatia, which will take place in the United States, because of “pain in his right knee”.

The CBF says that imaging tests confirmed the 28-year-old’s injury.

Gabriel played the full 90 minutes as Arsenal lost 2-0 to Manchester City in the Carabao Cup final on Sunday.

His fellow Arsenal centre-back William Saliba has withdrawn from the France squad, with Les Bleus also travelling to the US for their friendly matches against Brazil and Colombia.

England midfielder Eberechi Eze was called up to Thomas Tuchel’s 35-man squad for friendlies against Uruguay and Japan but withdrew with a calf problem.

He suffered that blow in Arsenal‘s 2-0 victory over Bayer Leverkusen in their Champions League last-16 second leg and missed the Wembley defeat on Sunday.

Arsenal team-mate Ben White has since been called up by Tuchel to fortify the England squad.

Gunners manager Mikel Arteta has confirmed the club are waiting for Eze to undergo another scan to find out the severity of his injury.

Arsenal winger Leandro Trossard is out of the Belgium squad for their matches against the USA and Mexico because of an injury issue.

Club captain Martin Odegaard was already ruled out of Norway duty because of a knee injury, while Dutch defender Jurrien Timber is also out of action at the moment.

Arsenal are competing to win their first Premier League title for 22 years and lead second-placed Manchester City, who have a game in hand, by nine points.

They are next in action when they take on Southampton in the FA Cup quarter-finals on April 4, before they play the first leg of their Champions League quarter-final against Sporting on April 7.

The Gunners resume their league campaign on April 11 when they play Bournemouth at Emirates Stadium.