Kia Franklin
Justice for Jamie Leigh Jones

Cross-posted from TortDeform.Com:
Wonderful news: a federal judge decided Friday that former KBR (a subsidiary of Halliburton) employee Jamie Leigh Jones should not be forced into arbitration for claims against the company, over KBR's objection that any and all disputes against it must stay out of the public court system and must stay within a private dispute resolution process that is gaining public attention for its dubious character.
As confirmed by a rape kit, Jones was sexually assaulted while in Iraq working for KBR. Jones believes her perpetrators were coworkers and contends that KBR confined her to a large shipping container after she informed them of her assault, threatening to fire her if she were to leave Iraq for treatment. The only reason she got help was because the guard who was keeping watch of her while confined to the container loaned her his cell phone.
KBR insists that the pre-dispute, binding mandatory arbitration clause Jones signed in her employment contract binds her to take this claim to arbitration, where "there is no public record nor transcript of the proceedings and Jones' claims would not have been heard before a judge and jury."
U.S. District Court Judge Keith Ellison knows better than that. According to ABC:
Ellison, however, wrote in his order Friday that Jones' claims of sexual assault, battery, rape, false imprisonment and others fall beyond the scope of her employment contract."The Court does not believe that Plaintiff's bedroom should be considered the workplace, even though her housing was provided by her employer," Ellison wrote.
Ellison did, however, rule that a sexual harassment claim that Jones included in her case against her supervisor in Texas would have to be decided in arbitration.
Jones and her attorney have conceded to take other claims against KBR to arbitration, but they have a right to access the civil justice system for her assault claims. This notable civil justice victory comes after months of media coverage, two congressional hearings, and an outcry by individuals who didn't know corporations could do this.
I'm so glad that the judge decided this issue in accordance with principles of fairness and equity. However, wouldn't it be great if there were a law that expedited the process of obtaining access to the civil justice system? A law that prevented corporations from getting you to sign away your right to take critical legal claims like Jones' to court, rather than to private arbtiration? Hmmm, if only...
Kia Franklin: Author Bio | Other Posts
Posted at 2:04 PM, May 14, 2008 in Civil Justice
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Comments
This makes sense. Civil contracts don't override criminal cases: you can't sign away your right not to be murdered or robbed. They only override civil cases, in this case the right to sue the criminal for damages.
On a semi-related note, have you heard about the new law that federally funds anonymous rape kit tests?
Posted by: Alon Levy | May 15, 2008 06:15 AM
Tracy Barker and her case will determine the changes in law. Tracy Barker was sexully assualted, raped, locked in a shipping container and drugged by KBR medics, and I have read somewhere if her case would've been handled properly it would've spared Jones when she went over months later. Barker was sent to arbitration and Jones got a trial these two cases will bring the courts to a decision. ABC did a false report when they stated that Barker's case was killed. Just because Jamie Jones has a Clinton appointed Judge and Tracy Barker has a Bush appointed Judge and Tracy was abused by Congress www.womensspace.com does not mean that the laws can change to cater to Jones case but not the other. The judges need to make a decison and make both cases stick to it a trial or not! You cannot change the law just for Jones case when these 2 women were raped druged and put in shipping containers. I also read that Tracy Barker received an award today at Fort Bragg North Carolina for being one of the first victims to bring public awareness by going public ABC 2020 and the Congressional hearing Dec 19, 2007. I'm glad that this award Congressman Poe purposely left Tracy out of was finally recognized in North Carolina keep fighting Tracy we are pulling for you either both get a trial or both get arbitration!
Posted by: Jenny | May 17, 2008 08:18 PM
Tracy Barker and her case will determine the changes in law. I have read somewhere if Tracy Barker' case would've been handled properly it would've spared Jones when she went over months later. Barker was sent to arbitration and Jones got a trial these two cases will bring the courts to a decision. ABC did a false report when they stated that Barker's case was killed. Just because Jamie Jones has a Clinton appointed Judge and Tracy Barker has a Bush appointed Judge and Tracy was abused by Congress www.womensspace.com silencing Tracy barker. does not mean that the laws can change to cater to Jones case but not the other. The judges need to make a decision and make both cases stick to it a trial or not! You cannot change the law just for Jones case when these 2 women were raped drugged and put in shipping containers. I also read that Tracy Barker received an award today at Fort Bragg North Carolina for being one of the first victims to bring public awareness by going public ABC 2020 Dec 2007 and the Congressional hearing Dec 19, 2007. I'm glad that this award Congressman Poe purposely left Tracy out of was finally recognized in North Carolina keep fighting Tracy we are pulling for you either both get a trial or both get arbitration!
Posted by: forutracy | May 17, 2008 08:33 PM
I hope that Halliburton and KBR appeals this ruling and demands the Texas courts to decide on what the law is does Tracy and Jaime get a trial or arbitration? Both women were druged, raped, and put in shipping containers. The only difference is Tracy was working and Jaime was having drinks after work now tell me why would Jamie get a trial and not Tracy. The affadavit of Letty Surman and Kevin Rodgers that Jamie turned over was about Basra Iraq not Baghdad so I guess that can't prove the conditions of where Jamie spent her 4 days Basra is on the other side of the map.
Posted by: Deanna Jones | May 26, 2008 08:44 AM
Justice for Tracy K Barker
www.tracykbarker.com
Tracy this is for you I worked for another contractor at camp anaconda.everybody knew kbr was a wild place. i knew a lot of people over there .they had folks get caught with liquor over there they caught folks with private weapons.yeah the bosses would got pick the good looking women out of the bunch and put them in the office with them.if the women did not play they might get a crappy job out in the 130 degree heat or fired for bs.you saw all kinds of women riding around in new suvs while their co-workers rode buses.there was allegations of women getting paid for sex with bogus overtime.but a lot of the women were players too according to the word on the street.
Jamie
what kind of foundation abuses other victims takes their witness statements and gets an award for it???
Posted by: jennysacs | June 18, 2008 10:40 AM
May 22, 2007
The Honorable Barbara BoxerUnited States Senator, CaliforniaThe
Russell BuildingWashington , D.C. 20510
Dear Senator Boxer, I am writing to you as my senator seeking your
help. In July of 2005 at nineteen years old, I left my home in
Houston , Texas and my employment at Kellogg Brown and Root to take
an assignment with Halliburton, in Baghdad . I took this job
overseas with the plan to work for several years and use my earnings
to attend college full time when I returned. I arrived in Iraq on
July 23, 2005. I was assigned to room in a Halliburton barrack that
was inhabited by mostly men. On July 27, 2005 after my work shift I
was socializing with other employees and was given the “date rape
drug.” I woke the next morning in excruciating pain, battered,
bruised, confused, and with a nude male I did not know lying beside
me. I remembered nothing after drinking a drink prepared for me by
one of the men. A rape kit was performed that morning by Sergeant
Jodi Schultz, M.D. of the United States Army. It showed that I had
been brutally raped vaginally and sodomized by several unknown DNA
contributors. The exam revealed that my pectoral muscles were torn.
I also had vaginal tears and an anal tear from the force used, was
bruised on both wrists, both thighs and my stomach. I was in severe
pain and in a state of shock. I reported this assault to my employer
and was sent home. I returned to Houston , Texas on August 1, 2005.
I was unable to eat or sleep for an extended period of time and still
have trouble leaving my home without a family member. I have been
diagnosed with Post Traumatic Stress Disorder and have been unable to
return to work since the sexual assault. When I first came home I
would not go to any therapy sessions without my mother because I was
so terrified of leaving my home. I am now working with Ms. Nicole
Docktor, LCSW in San Diego . My life and my livelihood have been
greatly affected by this brutal crime. My case was presented to
Assistant U. S. Attorney, Dixie Morrow in Pensacola , Florida
yesterday and I am awaiting her decision whether or not the
Department of Justice will prosecute the perpetrators. The chief
suspect is a Florida resident and a firefighter employed by
Halliburton in Baghdad . I am concerned that the statute of
limitations is approaching quickly and it has taken this long to get
this far. I need your help because this case has not been given the
attention it deserves. It is incredibly disturbing to know that I am
only one of a large number of women who have been sexually assaulted
in this same locale under similar circumstances. I deserve my day in
court and deserve to have our government hold these perpetrators
accountable for their violent and destructive acts against me. To me
it is a matter of common sense to know that placing a young female in
a predominately all male barrack in a desert war zone is putting that
person in harms way. What possible motivation can Halliburton have to
continue to act so irresponsibly? Why does Halliburton continue to
employ sexual predators? Why are these men not held accountable? How
many women will have to be brutally attacked and raped before
Halliburton will take action? It is my understanding that the
Department of Justice exists to uphold the laws of the United States
and to protect its citizens. With this in mind, I ask you to take
the following actions: 1 – Bring any pressure you can to make sure
that the Department of Justice does its job. 2 – Raise the level of
awareness in the United States Senate of the danger that exists for
women working for Halliburton in Iraq . 3-Make any and all
oversight committees aware of this case, similar cases and the
ongoing practices of Halliburton that threaten the safety and well
being of female employees in Iraq. I would welcome any and all
assistance you can provide. Thank you in advance for any attention
you can bring to this important matter. Sincerely,
Ms. Jamie Jones-
Daigle
Posted by: Thingschanged | July 18, 2008 04:46 PM
TRACY K BARKER HAS BEEN AWARDED THE LARGEST ARBITRATION AMOUNT AGAINST HALLIBURTON/KBR IN HISTORY CLOSE TO 3 MILLION HALLIBURTON FOUGHT FOR ARBITRATION AND GOT IT AND NOW THAT THEY HAVE LOST THEY ARE SEEKING AN APPEAL I THOUGHT YOU COULDNT APPEAL ARBITRATION NOW PUTTING TRACY THROUGH MORE GRIEF WHEN DOES IT END IF THIS IS THE CASE THAN WHY CHANGE THE ARBITRATION LAWS
Posted by: Denise41 | November 21, 2009 12:16 AM