Federal court revives rendition lawsuit against Boeing
April 28, 2009
SAN FRANCISCO ” A federal appeals court has ruled that a Boeing Co. subsidiary can be sued for allegedly flying terrorism suspects to secret prisons to be tortured as part of the CIA’s “extraordinary rendition” program.
The 9th U.S. Circuit Court of Appeals ruled Tuesday that a lower court judge wrongly dismissed the lawsuit after the government asserted the case was a “state secret” that would harm national security.
The trial court judge dismissed the case before the prisoners could present evidence allegedly showing the company’s participation in the program was illegal.
The appeals court, however, said the five prisoners suing San Jose-based Jeppesen Dataplan Inc. can try to prove their case without top-secret information that legitimately needs protection from disclosure.