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Case Name Menocal v. The GEO Group, Inc. IM-CO-0009
Docket / Court 1:14-cv-02887-JLK ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration and/or the Border
Special Collection Post-WalMart decisions on class certification
Private Employment Class Actions
Case Summary
On October 22, 2014, current and former civil immigration detainees housed at the Aurora Detention Facility filed this class action lawsuit in the U.S. District Court for the District of Colorado, under the Trafficking Victims Protection Act (TVPA) 18 U.S.C. § 1589, and state law. The defendant ... read more >
On October 22, 2014, current and former civil immigration detainees housed at the Aurora Detention Facility filed this class action lawsuit in the U.S. District Court for the District of Colorado, under the Trafficking Victims Protection Act (TVPA) 18 U.S.C. § 1589, and state law. The defendant was the GEO Group, Inc., a private company that provides detention and correction services; represented by several public interest law firms, the detainees sought money damages. The complaint alleged that GEO violated Colorado's Minimum Wage Order (CMWO) when the company paid its detained employees a dollar a day for their labor, and violated 18 U.S.C. § 1589 by forcing the detainees to clean the "pods" where they were housed without compensation; GEO threatened to put those who refused to work (for no pay) in "the hole" (solitary confinement).

On November 14, 2014, GEO filed a motion to dismiss all three claims. On July 6, 2015, Judge John L. Kane dismissed the CMWO claim but not the federal forced labor/unjust enrichment claims. 113 F.Supp.3d 1125.

On May 6, 2016, plaintiffs applied for class certification, which was granted on February 27, 2017. --- F.R.D. ----, 2017 WL 880882. On April 14, 2017, the 10th Circuit Court of Appeals gave GEO Group permission to take an interlocutory appeal of the district court's decision to grant class certification.

This case is ongoing.

Rebecca Eisenbrey - 02/03/2015
Allison Hight - 11/06/2015
Gloria Han - 05/29/2017


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
General
Conditions of confinement
Confinement/isolation
Disciplinary procedures
Over/Unlawful Detention
Placement in detention facilities
Solitary confinement/Supermax (conditions or process)
Immigration/Border
Detention - conditions
Employment
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action State law
Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589
Defendant(s) The GEO Group, Inc.
Plaintiff Description Current and former civil immigration detainees who were incarcerated and employed by the GEO Group, Inc., a for-profit, multinational corporation engaged in the business of incarceration.
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
1:2014-cv-02887 (D. Colo.)
IM-CO-0009-9001.pdf | Detail
Date: 05/30/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CO-0009-0001.pdf | Detail
Date: 10/22/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 23] (113 F.Supp.3d 1125) (D. Colo.)
IM-CO-0009-0002.pdf | WESTLAW| LEXIS | Detail
Date: 07/06/2015
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Class Certification and Appointment of Class Counsel [ECF# 57] (2017 WL 880882) (D. Colo.)
IM-CO-0009-0003.pdf | WESTLAW | Detail
Date: 02/27/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Kane, John L. Jr. (D. Colo.)
IM-CO-0009-0002 | IM-CO-0009-0003 | IM-CO-0009-9001
Plaintiff's Lawyers Free, R. Andrew (Tennessee)
IM-CO-0009-0001 | IM-CO-0009-9001
Hood, Alexander Neville (Colorado)
IM-CO-0009-0001 | IM-CO-0009-9001
Meyer, Hans Christopher (Colorado)
IM-CO-0009-0001 | IM-CO-0009-9001
Milstein, Brandt Powers (Colorado)
IM-CO-0009-0001 | IM-CO-0009-9001
Seligman, David Hollis (Colorado)
IM-CO-0009-9001
Turner, Andrew Hess (Colorado)
IM-CO-0009-0001 | IM-CO-0009-9001
Defendant's Lawyers Deacon, Charles A (Texas)
IM-CO-0009-9001
DeMuro, David R. (Colorado)
IM-CO-0009-9001
Eismeier, Dana L. (Colorado)
IM-CO-0009-9001
Emery, Mark Thomas (District of Columbia)
IM-CO-0009-9001
Felton, Shelby Anne (Colorado)
IM-CO-0009-9001
Schuessler, Erik Karl (Colorado)
IM-CO-0009-9001

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