Family Sues Disney Claiming That National Geographic Documentary Led to the Death of an Afghan Man

A family is suing Disney, claiming that a National Geographic documentary contributed to the death of an Afghan man who aided U.S. forces.

What’s Happening:

Around midnight on a winter night in 2023, 21-year-old Omar, an Afghan minesweeper protecting Green Berets, heard a knock at his door.
His eight-year-old brother asked who was there, and a man outside, dressed in traditional Afghan attire, identified himself as a Taliban member, according to a transcript reviewed by The Hollywood Reporter from an interpreter documenting Omar's account.
Omar was blindfolded and taken into custody, disappearing for over two weeks.
When found, he showed signs of severe abuse, including beatings and near-drownings that left him unconscious at times.
His capture was linked to a scene in Retrograde, a 2022 documentary by Matthew Heineman about the U.S. withdrawal from Afghanistan.
In a poignant moment, the camera captures Omar as a fellow member of the National Mine Reduction Group expresses fears of being targeted upon returning to civilian life. This segment later gained significant traction on TikTok in Afghanistan, spreading rapidly among viewers.
They “showed me Retrograde movie and said you have worked with foreign forces and also worked in the movie," Omar said. “They found me through Retrograde movie and are still asking of me from villagers and my family members."
A medical assessment showed that Omar had broken ribs, impaired lung function, and other internal injuries.
After crossing into Pakistan and undergoing four surgeries, he ultimately succumbed to his injuries.
Meanwhile, his wife and child have relocated to a safer country, away from Taliban threats. In response, the family is pursuing legal action against the documentary's producers and distributors, including Disney and National Geographic, holding them accountable for Omar's death.
On April 24, a lawsuit was filed in Los Angeles Superior Court alleging wrongful death, negligence, and unfair business practices.
The complaint claims that the documentary's producers and distributors exploited Omar's identity for profit while knowingly endangering him and failing to adhere to safety standards for individuals in conflict zones.
The estate seeks unspecified damages and has named National Geographic, along with Disney, Picturehouse, and Our Time Projects, as defendants.
After raising safety concerns about individuals featured in the documentary, National Geographic quietly removed it from its platforms last year, making it unavailable on Disney+ and Hulu.
Furthermore, the Radio Television Digital News Association revoked a significant journalism award previously given to the documentary, citing new information about the filmmaking process that surfaced.
In a statement at the time, Heineman and Retrograde producer Caitlin McNally said, “The U.S. government’s precipitous withdrawal from Afghanistan and the vengeful actions of the Taliban upon taking power armed with detailed information identifying Afghans who worked with the U.S. government led to the deaths of countless partners left behind. That is the tragic story that warrants attention. But any attempt to blame Retrograde because the film showed faces of individuals in war zones as has long been standard in ethical conflict reporting would be deeply wrong."
The U.S. military's approval of the film's release has raised concerns about the potential risks to Afghan contractors, though it seems to pose no threat to military personnel. “The bottom line is that both the military public affairs officers and the Green Berets approved the final version of the film for release, which included faces of NMRG."
Before the documentary's release, Heineman and McNally received multiple warnings from U.S. military personnel and former Green Berets about the potential danger to the mine-clearers featured in Retrograde.
Thomas Kasza and an anonymous active-duty military member, known as Dave, who co-run the 1208 Foundation and helped extract Omar’s family from Afghanistan, expressed their concerns to Heineman, the producers, and representatives from Disney and National Geographic.
They urged that the faces of NMRG personnel be blurred for safety, but their requests faced significant resistance.
The organization reports that nine individuals from the documentary remain in hiding, with one attempting to flee to Iran after the film's release but being swiftly deported.
The lawsuit alleges that the creators of Retrograde endangered Afghan minesweepers by exposing their identities in the film. It also claims deceptive business practices, stating that the producers used Omar's likeness without proper consent.
Furthermore, the suit argues that the documentary was a “responsible portrayal of the Afghanistan withdrawal while knowingly endangering the lives of those depicted."
John Uustal, a partner at Kelley Uustal, said, “What Disney did here compounds the tragedy."
Kasza and Dave argue that Disney could have helped evacuate minesweepers at risk of Taliban retaliation but chose not to.
Kasza notes that the company has a precedent for such actions, referencing its 2021 decision to provide endorsement letters for around 300 Afghan cast and crew members from the series Homeland, produced by a Fox division.
Dave added, “Heineman’s thing was that the faces of despair tell the story. I’m not going to argue against that, but if those faces are being used so you can release a documentary and put some more awards on your shelf, that doesn’t mean that it’s right."

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