Supreme Court Unanimously Strikes Down Private Prison Immunity Case
On Tuesday, the Supreme Court ruled unanimously against private prison company Geo Group, denying them a fast-track appeal of a lower court ruling that found they are not immune from being sued.
The initial lawsuit was brought about in 2014 by Alejandro Menocal and other former detainees at the Aurora Immigration Processing Center in Colorado. They filed a class action lawsuit against GEO Group claiming they were forced to clean common areas and were punished with solitary confinement if they said no. Detainees claimed that they worked at the detention center for either $1 a day or no pay at all.
Geo Group, the second-largest contractor for President Trump’s mass detention campaign, didn’t think it should even be able to be sued in the first place.
The prison company argued that it deserved “derivative sovereign immunity,” something usually reserved for the government, because it works with and for the U.S. government. It also claimed that it should have the right to immediate appeals rather than after-trial appeals, which would have allowed it to ignore unfavorable rulings.
Now, thanks to the unanimous Supreme Court ruling, the forced-labor lawsuit brought by the immigrant detainees at Geo Group can move forward.
31 replies
Government shouldn’t be immune either. They are the people and work for the people. In a sane world. Present did a shitty job? Electric chair. No fucking immunity anywhere.
Colorado already has limited qualified immunity
The Federal Government made QI illegal in 1881. Some unnamed secretary illegally changed the wording of the law in 1884 and it wasn't noticed until recently.
http://web.archive.org/web/20230520080201/https://www.nytimes.com/2023/05/15/us/politics/qualified-immunity-supreme-court.html
Wait, what?! Have there been rulings on this since then? This seems huge.
Although, from the article it doesn't sound like it would have relevance to federal immunity.
You seem to be correct. It's been a couple years, and I forgot it only applies to state level immunities. As far as I can tell SCOTUS would have to overturn Harlow v Fitzgerald.
That's a protection against suing specific people, not against suing the government.
You can sue the police department, but if there's qualified immunity you can't sue the cop.
Sovereign Immunity means that the federal government has to give you permission before you can sue them.
Present president included!
Nah he’s not worth the electrical bill now that I think of it. Push him off a cliff and hope no stones get hurt.
Scum... "We deserve all the benefits of a private company, but we also deserve all the protections of a government entity."
Fuck you GEO group...
Dont forget about the whole slavery part.
I'm inclined to say slavery is covered by both private companies (outsourcing forced labour to 'less naggy' countries) as well as government entities (with that super convenient exception clause to the 13th amendment)
Slavery is explicitly illegal in all cases in Colorado
Were they actually convicted of a crime at the time their labor was coerced? Serious question.
Thirteenth Amendment, Section 1:
Glad this only took 12 goddamn years to resolve...
How the fuck are for profit prisons a thing!?!? How the fuck does someone own and operate one of these things and sleep at night?
On a pile of money, dear boy.
You already know the answers to both of those questions.
The secret ingredient is corruption.
And sociopathy.
It's literally in the constitution bro
Geez, after 12 years the lawsuit can finally move forward.
Hey it only took 12 years!
"denying them a fast-track appeal of a lower court ruling" that does not sound like strike down.
"Derivative sovereign immunity" my ass. I am paid through NIH grants, does that give me sovereign immunity? No.
Selfish people being selfish.
How did this even get to SCOTUS?
They wanted to clarify whether GEO can appeal directly to the Circuit before a judgement has been rendered by the lower courts. SCOTUS said no, lower courts have to issue a final judgement before higher courts have jurisdiction.
Decision here: https://www.supremecourt.gov/opinions/25pdf/24-758_2dp3.pdf
Hmm thanks, but still wonder why SCOTUS took the case in the first place. Also wonder whether the ruling will apply to Trump since ICE etc. have been ignoring orders from lower courts while appeals are in progress.
According to the cert grant it's a pretty well established circuit split:
It only takes 4 justices for the court to grant cert on a case, so it's possible most of the court would prefer not to hear the case at all and leave the circuits split. I can't find which justices voted to grant, I'm not even sure if it's public information.
Writ of certiorari: https://www.supremecourt.gov/DocketPDF/24/24-758/337176/20250113154843375_No.%2024-______%20Petition.pdf
EDIT: as to it's impact on ICE: It's overturning precedent in a few Circuits regarding so-called "derivative soveriegn immunity" for contractors who work with government agencies, so it will probably have impacts for ICE in some parts of the country. I think it mostly means that more cases will have to churn through the lower courts before higher courts can review them, which may mean more splashy "ICE dunked on by liberal judge" headlines. I think it also means that higher courts will have to review the cases on the merits, rather than just dismissing them as unreviewable due to DSI. How many cases that applies to and what the actual implications are, IDK IANAL.
Ah thanks, I had no idea that there was a circuit split or that "derivative sovereign immunity" wasn't something pulled out of the company's butt just for the case at hand.
No sweat, I just learned that myself because of your question.