US Supreme Court to review GEO Group's loss in immigrant detainee forced labor case
The justices will consider, opens new tab whether the 10th U.S. Circuit Court of Appeals was correct that it could not immediately hear GEO's appeal of that ruling because it was incremental and merely allowed the 2014 lawsuit to proceed.
The issue is technical, but a Supreme Court ruling in favor of GEO could be an important victory for other federal contractors who are sued in connection with government contracts and raise immunity as a defense.
The lawsuit in Colorado federal court accuses GEO of engaging in labor trafficking by threatening detainees at an Aurora, Colorado, facility with solitary confinement if they refused to participate in a work program. GEO operates more than a dozen federal civil immigrant detention centers across the country and has faced at least two lawsuits over a work program at a Washington facility.
The company in its petition said the appeal issue has divided federal appeals courts and created uncertainty for federal contractors. The government is generally immune from legal liability arising from its performance of typical governmental functions, and that can extend to contractors in some situations.
"The alternative is a legal backdoor through which activists can undermine policies with which they disagree by targeting contractors with lawsuits they could never bring against the government," the company said in its petition.
Florida-based GEO and lawyers for the former detainees who filed the lawsuit did not immediately respond to requests for comment.
GEO has said that work programs at its facilities are voluntary and that federal regulations permitted the company to pay detainees as little as $1 a day to cook, clean, perform repairs, and staff a barber shop and library.
The plaintiffs in a brief, opens new tab urging the Supreme Court not to take the case said the immunity issue overlaps with the merits of their claims against GEO, which should first be reviewed by the lower court.
The San Francisco-based 9th U.S. Circuit Court of Appeals in January upheld rulings in separate cases requiring GEO to pay more than $23 million to the state of Washington and hundreds of immigrant detainees in the state for failing to pay the minimum wage to detainees who worked.
The court rejected GEO's claim that it was entitled to immunity, saying the government did not dictate the wages GEO must pay to detainees or require it to operate the work program.
The case is GEO Group v. Menocal, U.S. Supreme Court, No. 24-758.
For GEO: Dominic Draye of Greenberg Traurig
For the plaintiffs: Jennifer Bennett of Gupta Wessler
Read more:
GEO Group can't nix $23 mln verdict over immigrant detainee pay
GEO Group must pay minimum wage to immigrant detainees, court rules
GEO Group wins legal challenge to California ban on private immigrant prisons
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