SC Rules vs. Private Prison Firm Being Sued by Immigration Detainees

The Supreme Court (SC) has ruled against a private prison company facing a lawsuit alleging that immigration detainees were forced to work and were paid only $1 a day in Colorado, Lindsay Whitehurst reported for the Associated Press (AP).

GEO defended its practices and argued that the case should be dismissed because it is immune from lawsuits as a government contractor. (Photo: GEO Group) 

The unanimous ruling is a procedural defeat for the GEO Group, but it is not a final decision.

The company is fighting a lawsuit filed in 2014 alleging that detainees in Aurora were required to perform unpaid janitorial work and other jobs for little pay to supplement meager meals.

GEO defended its practices and argued that the case should be dismissed because it is immune from lawsuits as a government contractor.

After a judge disagreed, the company asked the SC to allow it to immediately appeal the ruling. The justices refused.

“If eventually found liable, GEO may of course appeal … but GEO must wait until then,” Justice Elena Kagan wrote. All nine justices agreed with the outcome, but two justices — Clarence Thomas and Samuel Alito — differed on the reasoning.

An attorney who argued for the Colorado detainees applauded the ruling.

“The SC’s unanimous decision reaffirms a straightforward rule: Government contractors like GEO do not qualify for sovereign immunity and must follow the same ‘one case, one appeal’ principle that governs every other litigant,” Jennifer Bennett said.