the suit is technically against Rumsfeld, but it is really against the U.S. Government which is paying the legal costs and would pay any damage award. It is the way the suits are made to name the offcials who were there when the events occurred.
to me it is a slippery slope which could open the door to civilian judicial review of military actions in a war zone. Under the same theory, civilians in a war zone could sue the US government for damages caused to their property. In theory, enemy soldiers could even sue if they feel U.S. troops have used "excessive" force.
If the military personnel did not act legally, I would think the proper recourse would be a military court martial against the said personnel.
This will be sorted out by the Supreme Court. I doubt they will allo the suit to move forward.
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