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Court Okays Halliburton Rape Trial

—Photo by flickr user lisastroud_2000 used under a Creative Commons license.

Remember Jamie Leigh Jones, the Halliburton/KBR contractor who alleged she was gang raped by her co-workers in Iraq and then imprisoned in a shipping container after she reported the attack to the company? Well, it looks like she's finally get to sue the company, in a real courthouse, over her ordeal.

Her legal saga started after Halliburton failed to take any action against her alleged attackers, and the Justice Department and military also failed to prosecute. Jones then tried to sue the company for failing to protect her. But thanks to an employment contract created during the tenure of former Halliburton CEO Dick Cheney, Jones was forced into mandatory binding arbitration, a private forum where Halliburton would hire the arbitrator, all the proceedings would be secret, and she'd have no right to appeal if she lost.

Data from the American Arbitration Association showed that Halliburton won more than 80 percent of its cases in arbitration, and when I looked at the data two years ago, it showed that out of 119 cases Halliburton arbitrated over a four-year period, only three resulted in the employee actually winning any money. The deck was clearly stacked against Jones from day one.

 

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After 15 months in arbitration, Jones and her lawyer realized the same thing and went to court to fight the arbitration agreement in the hopes of bringing her case before a jury. Jones argued that the alleged gang rape was not related to her employment and thus, wasn't covered by the arbitration agreement. Finally, two years later, a federal court has sensibly agreed with her. Tuesday, the 5th Circuit Court of Appeals, in a 2 to 1 ruling, found her alleged injuries were not, in fact, in any way related to her employment and thus, not covered by the contract.

One of the judges who ruled in her favor, Rhesa Hawkins Barksdale, is a West Point grad, Vietnam vet, and one of the court's most conservative members, a sign, perhaps, of just how bad the facts are in this case. It's a big victory, but a bitter one that shows just how insidious mandatory arbitration is. It's taken Jones three years of litigation just to get to the point where she can finally sue the people who allegedly wronged her. It will be many more years before she has a shot at any real justice.

In the meantime, her case may bolster pending legislation that would ban mandatory arbitration clauses in employment and other consumer contracts. Jones' victory comes as yet another body blow to a practice that has come under serious fire in recent months as heavily rigged against consumers. In July, the Minnesota attorney general sued one of the nation's biggest arbitration firms, the National Arbitration Forum, after discovering that it had financial ties to debt collection companies that used its services to collect credit card debts. Not surprisingly, the NAF ruled in favor of the credit card companies in virtually every case, and fired arbitrators who sided with consumers.

The lawsuit led to NAF's agreement to stop arbitrating consumer debt collection cases. Since then, Bank of America and other financial firms have said they will stop using arbitration clauses in their credit contracts. All that hasn't stopped the U.S. Chamber of Commerce from continuing to insist that forced arbitration is still "cheaper, faster, and fairer" than the civil courts, and from fighting the federal legislation. But with Jamie Leigh Jones as the poster child for the opposition, it's hard to see how the business group can continue with the pretense.

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Comments
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Does the Obama Administration think rape is prosecutable?

Not so far.

Why?

Something Stinks!

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Hey, stinky troll

You ridiculous troll. This story has NOTHING to do with the Obama administration or whether rape is prosecutable.

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O'RLY, you pathetic APOLOGIST!

Let me know when the Obama Administration prosecutes any of the crimes of the previous administration.

You know why it was OK to rape and sexually abuse those prisoners of war? Because the same people think it is OK to rape and sexually abuse women in OUR military and working for OUR contractors.

What we do to others we have already done to ourselves.

Now crawl back under a rock you slithering thing.

Something Stinks!

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Dude, it was the BUSH

Dude, it was the BUSH Administration that failed to prosecute. Look at the damn timeline. (If you can't do the math, do some research: Jamie Leigh Jones was gang-raped in 2005, a good three years before Obama became President.)

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Statute of Limitations.

So if Obama just stalls another couple of years they get away scott free.

I bet those guys are voting for Obama.

Something Stinks!

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Something Stinks?

Something Stinks? I think it's your **** Close your legs. For America.

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This thread stinks!

This thread stinks! Let's take the Jerry Springer out of public discourse in America shall we?

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You have managed to

You have managed to completely discredited yourself with your tacky comment, regardless of your position. Congratulations on that. Now, kindly stop pontificating (for America's sake). Perhaps you are the one who stinks.

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P.S. Tasteless remark

P.S. Tasteless remark regarding grammatical errors forthcoming? The joke's on you.

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You are worse than stinky,

You are worse than stinky, you are ignorant. Obama has nothing to do with this case, it is just beginning to wend through the court system, and the US is not even a party, it is Halliburton and the plaintiff. Get over yourself.

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Bleh! Your comments stink of

Bleh! Your comments stink of ignorance, Cheney actually set up the arbitration clause of Halliburtons employment contract. Republicans are evil!

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Arbitration over Court Hearings

I believe the Arbitration Process is Constitutionally wrong since the law states that no proceeding other than bounded by the Constitution is legal in this country. I'm not completely sure but, I believe, in the 70's, Congress passed a law in which this is stated or simularly stated.

That's How I See It.

Jen Phillips

PDF of court ruling

In case anyone is interested in reading the decision of California's Fifth Circuit appeals court (which granted trial to Ms. Jones) you can read it here: http://www.ca5.uscourts.gov/opinions%5Cpub%5C08/08-20380-CV0.wpd.pdf.

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Actually, the case is in

Actually, the case is in federal court in the U.S. Court of Appeals for the Fifth Circuit in New Orleans. But thanks for posting the link.

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Will the real laws please stand up?

Do us a favor mother Jones learn to read and research before you write stories (unless you are another paid blogger by Jones and her attorneys?)

http://www.feministpeacenetwork.org/2008/05/05/womens-space-why-so-littl...

Tracy K Barker Forgotten Rape Victim Prepares for Arbitration

Tracy K Barker, A forgotten Rape Victim of many horrific crimes committed against her while working as a contract employee for Halliburton/KBR had decided in 2004 to work over seas in support of Operation Iraqi Freedom and would become the sole support of income for her household when her husband retired and her mother in law had also fallen ill. At the time of her decision Tracy was and still is an Army dependant married to 1st Sgt Galen D Barker active duty 25 years and is now a mother of five. Still fighting for justice for herself and other victims after four years she prepares for arbitration, a ruling that was handed down by Judge Miller of Texas based on what little facts, details and evidence were and were not submitted to the courts.

One cannot wonder if the true facts, details and evidence of Tracy had been submitted to Judge Miller’s Court Room, testified during the five minutes that was offered to speak with Congress in December 2007 had not been stolen from her as she was told that they wanted a white girl from Texas, Jamie Jones, refusing to allow her to speak to the state department in February of 2008 because of conflict of interest of Jamie Jones although Tracy was and has been the only State Department Victim. If Senator Hilary Clinton supported Tracy in 2005 when she wrote her first letter to Hilary Clinton in search of help but was denied because Tracy was not a resident of New York and denied help by Congressman Ted Poe after he inaccurately stated that Tracy came to him as one of three women for help which had not been true and yet when Tracy’s family called Congressman Ted Poe after the hearing in December 2007 he denied her help because she was not a Texas Resident.

One must ask would Tracy have been awarded a trial and jury on some or all issues. If Tracy had been White as was stated at the congressional hearing in December 2007 would the opportunities that were offered and how Tracy reached out for help been answered making a difference in the outcome of Judge Miller’s ruling. But instead Tracy was used as a number for Jamie Jones when Jones actually came to Tracy for help and Tracy introduced her to her then attorney Stephanie Morris. Tracy was dumped the day she was sent to arbitration as a client.

Had Tracy been allowed to testify at any or all opportunities instead of threatened and warned on every level to keep quiet about everything including her horrific ordeal in Iraq Tracy would have stated the truth and presented all physical evidence backing up her facts. Congress and Judge Miller would have known that Baghdad is also known for Camp Hope or/and The Green Zone and that Baghdad and Basra are actually two different cities and camps that extend several hundreds of miles between one another and during 2004 in the city of Baghdad Tracy had been sexually harassed, receiving cat calls in the barracks as walls never connected to the ceiling and one light switch available for the whole floor. Tracy went to Human Resource to see if she was housed at the right place because she never saw another female she was told she was and she would have to wait on a list for a trailer

Tracy also witnesses an Iraqi Woman being choked and threats that her supervisor in the city of Baghdad Camp Hope also known as The Green Zone came from the same supervisor. Tracy filed a complaint about her work conditions in the procurement department and copies were given out to her manager Tracy was retaliated against.
Jones has claimed she worked in the procurement department and this incident ofcopies of the report happened to her in her pleadings. Jamie Jones has never worked in Procurement department she was an IT Tech in another area which was not even located in the RSO building.
In Jones complaint they have claimed that Tracy was assaulted by State Department employee in the barracks this is another lie they have claimed this happened to Tracy and then Jones was put days later in the same room his is a lie. Tracy was never assaulted by Ali Mokhtare in Baghdad Green Zone or in any Barracks the photos they stole of animals and Billeting Motto never came from Baghdad Green Zone or any where Jones has ever been.
They also filed false pleadings to promote Jones case that Tracy was assaulted in her bedroom by mokhtare while discussing employment opportunities which is another lie. Tracy was assaulted while checking housing and during work in Mokhtare's quarters.

In retaliation of reporting the incidents Tracy was locked in her living container for three days and, watched as she used the bathroom. Again this happened in the Green Zone in Baghdad.

Tracy was then transferred to Basra in March of 2005, the sexual harassment started once again but by another perpetrator. As she tried to settle into her new office pornography of animals having sex and prostitutes, and Billeting Moto "We Do Anything to Get You in Bed" Posters displayed throughout the offices, as well verbal sexual content continued on a daily basis.

Way too much to bare Tracy reported this conduct to Halliburton/KBR Human Resources Manager Letty Surman who was in Kuwait in fact Tracy Barker submitted an affidavit of Letty Surman to Congress which depicts Basra conditions before Tracy arrived and during the time she was there in 2005 where Letty Surman was the Human Resource manager over Basra at that time. Jones has claimed Letty Surman was her human resource manager in Baghdad and even submitted an affidavit of Tracy with Tracy's names removed from the events of Basra including description of Tracy's coworkers and office. Letty Surman has never worked in Baghdad Green Zone or anywhere Jones has ever worked Surman stayed in Kuwait until the winter of 2005.

Upon Tracy’s return back to Basra Camp with the help of a British Soldier after 19 hours of abandonment in the Iraqi Desert Tracy discovered all of her items missing and in fact the same driver that left her in the desert had actually stolen her personal items and furniture.

As Tracy continued to endure sexual harassment and continued to report this behavior one evening a State Department employee by the name of Ali Mokhtare sexually assaulted Tracy as she fought him to keep him off of her. Escaping the horrific incident in Basra Tracy had reported this to management unfortunately the ones she was reporting to on the Basra Camp was the same managers that were sexually harassing her. Tracy was then forced to wear the same clothes and paraded in the lunch hall, in spite of following every demand Tracy was still denied access to a phone and access to medical care.

Sgt Kevin Rodgers has signed a sworn statement to this account and more including the fact that he had given a cell phone for Tracy to use at this time to call her husband and has also submitted another sworn affidavit indicating that he never knew nor helped Jamie Jones and in fact he was not even in Baghdad but yet Jamie Jones still submitted the original statement of Kevin Rodgers as if it was her own evidence. claiming Kevin Rodgers affidavit is describing the Baghdad Barracks where Jones claims she was assaulted which is a lie Rodgers was in Basra and eye witness to Tracy and has never worked or been stationed any where Jones has ever been. They stole Rodgers eye witness statement of Tracy in Basra Iraq and gave it to Jones to claim as her own to promote herself in the press in 2007.

Tracy was also confined once again in a living container for three days.

Dr. Pakkal David happened to get stranded on Camp Basra and became aware of Tracy’s condition immediately. After speaking with Tracy Dr. Pakkal decided to over ride Halliburton’s intentions on continuing to remove her from the convoy manifest preventing Tracy from leaving to go home. Dr. Pakkal would help Tracy leave Camp Basra.
The night before Tracy was to leave Tracy fell asleep the following early morning Tracy awoke to one of the men that had been sexually harassing her all this time was rapping her Tracy cried and screamed and ran out of her living container leaving all of her belongings behind.
All of these facts, evidence and a chance to testify to congress on two separate occasions have been stolen from Tracy and even now Tracy remains a forgotten rape victim who has been violated and inaccurately has been called “The Companion Case” in other filings of another alleged victim by the name of Jamie Jones who had reached out to Tracy for help getting Tracy's phone number through Lynn Falanga State Department Investigator five months after Tracy was home from her horrific ordeal.

In court pleadings Tracy went from the companion case to the failed case when it was these very people who deliberately failed her case in order to use her evidence identity stolen witness statements stolen pictures of Basra Iraq of animals having sex and billeting motto "we do what we can to get you in Bed “and claimed them to be from Baghdad Green Zone where Jones claims she was assaulted this evidence was never from any where Jones has ever been during her 4 days in Iraq they were Tracy Barkers own experience in Basra Iraq.

I think its sad that another attorney who was the Texas Trial Association President also played a part of this by the name of Paul Waldner who held himself out as the Barkers attorney in 2007 with false pleadings and negligence Waldner was never hired by he Barkers or did they know he existed at all this man took part of these acts against Tracy Barker.
Ms Jones nominated herself as an advocate for Tracy and others who never knew her and never came through any foundation also Jones attorneys are the very Board members of Ms Jones foundation where they are getting contributions and held their selves out as Board members without Barker even knowing this foundation existed when they represented her. I must ask how someone who steals evidence and facts from Tracy’s case can portray themselves as an advocate.

In Jones case they claim Tracy was assaulted by her supervisor Craig Grabein but the very same day in Tracy Barkers case they claim quid pro quo that Tracy was having sexual favors with her supervisor for better working and living conditions. Basra had no different living conditions NO BARRACKS Jones has claimed Tracy was assaulted in Baghdad in the very same room she was assaulted in which is a lie

I know pleadings are not evidence but it legal and ethical for attorneys and a client that Tracy brought to them should be allowed to steal evidence call someone a companion case without knowing and deliberately do what they have done for Jones to get a trial stealing facts that happened to someone else in another part of the country and giving them to Jones to claim as her own including stealing emails photographs and eye witness statement of Tracy in Basra and claiming them to be about Jones in Baghdad Green Zone when they are not about any where Jones has ever been and should congressman Poe be allowed to lie about Tracy and claim he is helping her which he is not and never has? Joins these peoples media circus
Jones and these attorneys as well as Congressman Ted Poe are just as bad as Halliburton if not worse. The truth always comes out no mater how many bloggers they hire. Please research look at a map of Iraq

Barker VS Halliburton1:07CV00294
Jones VS Halliburton 1:07CV00295

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Grammar

The above comment is lengthy and seemingly full of interesting facts, but the writer refuses to even use commas. Learn to write, so that I can read it. Jeez.

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Women cannot be part of war with war taking them apart....

I do not, nor will I ever "support the troops," ad nauseum. I do not understand what women are thinking when they willingly become part of the war machine in any way. Are these women so brain-washed regarding the occupation of the U.S. in Iraq, etc. that they believe that they will be treated with respect? Do they actually believe that they're going to get away from their situation unscathed?

These are men who enjoy nothing more than the adrenaline-addiction of "playing soldier" for real. Hey, times have changed since WWII. The alleged decency that was at one time part of the psyche of "our boys" has been shattered.

I may seem to be making a blanket statement but the monsters out there know who they are. Truly good men would agree with me. A self-realized man would have the courage to stand up to the ignorant values that pro-war communities covet. Suppose they threw a war and nobody came.

I'd be the first into battle if this country was ever actually attacked. I don't mean 19 knuckleheads flying planes into buildings and having a goof like Bush abuse his power. Damn, self-realization has got to matter until cooler heads can prevail. Women have got to understand that the military is no more respectful to them than the local beer bar would be.

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If I could understand

If I could understand anything you were writing about, it might make a better case, Readers don't want to read a sentence three times to figure out what the heck you are trying to say. And its not just the lack of commas, its the lack of intelligence.

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This was the Bush Admin. not Obama's

get over it stinky. It's got Dick (Cheney) and Bush all over it.

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This was the B u s h A d min. not O b a ma 's

get over it s ti nk y. It's got D i c k (C he ne y) and B u s h all over it.

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Although the actions

Although the actions occurred on Bush's watch, there is no reason the Obama Justice Department couldn't pursue action against those involved: those that committed the rape and those that held imprisoned her. The question remains, why haven't they?

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Reasons for direct Justice Dept Involvement

1) Rape did not occur on US Soil
2) Contractor is not a Federal Employee ( plaintiff )
3) Employer is not the Federal Government ( defendant )
3) Case was officially in arbitration

"Finally, two years later, a federal court has sensibly agreed with her. Tuesday, the 5th Circuit Court of Appeals, in a 2 to 1 ruling, found her alleged injuries were not, in fact, in any way related to her employment and thus, not covered by the contract."

The Appellate Courts are under the auspices of the Justice Department... so evidently they ( and for your purposes only, Obama ) did something by voiding the arbitration agreement encompassing this event..

I know you conservatives feed off of Obama bashing but this grabbing at any and everything that has gone wrong in the last 3 years as a edict against him is darn right foolish.

You are quickly become a Cult of Chicken Littles after that Turkey of a President , W, has flown the coop !

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I AGREE COMPLETELY. I was

I AGREE COMPLETELY. I was looking for a way to articulate the very same sentiments. Thank you.

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Obama or Bush Admin --- doesnt matter - I blame them all

Ahhhh people --- Remember that Obama was a Senator as well as Hillary Clinton during the Bush Administration. They were around! What were they doing?
Useless!

Thank God we have a comedian in the Senate to present an amendment requiring all govt funded corporations to drop arbitration language in worker contracts that limit them to ONLY private arbitration in the event of sexual assault or other serious egregious crimes! Yeah for FRANKEN!!

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All I can say is YES! I

All I can say is YES!

I must wonder if any of the men involved (the rapists, the officials who sent it to arbitration, the arbitrators themselves) have any sisters/wives/daughters. Dick Cheney himself has two daughters.

Arbitration is a dicey proposition anyway. It should never, EVER be allowed when criminal charges (such as rape) are involved.

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Grammer?

Who cares about punctuation? A lot of folks flunked english classes! The story is arbitration sucks and should be illegal! That's crap! Arbitration is made for the company. Of all the cases that the NAF won I wonder how many ended in suicide? Geesh. How horrible. Sorry for the nightmare that spun into another nightmare! (There but for the grace of God go any of us! Or your mother, sister or daughter!)

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mZHSQYNEbT

GSNU1a I bookmarked this link. Thank you for good job!

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pDCYoefrfxskNbvoq

Very cute :-)))),

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does anybody know of any

does anybody know of any attorneys who can help me with a rape suit against halliburton contractor while employed in 2006 in iraq thanks

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A system rampant in

A system rampant in corruption, nepotism and mountains of free taxpayer money will yield many victims. Change it or get used to it.

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Ses ışık

Thank You

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Hey, Thank you for your

Hey, Thank you for your Co-work in Iraq. They need help. They are being deprived by the US oppression. It should be over.

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