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Case Name Huff v. CoreCivic PC-KS-0007
Docket / Court 2:17-cv-2320 ( D. Kan. )
State/Territory Kansas
Case Type(s) Prison Conditions
Case Summary
On June 1, 2017, former detainees at a private detention facility in Leavenworth, Kansas filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiffs sued CoreCivic, Inc. (the facility's operator) and Securus Technologies, Inc. (its phone and video services provider) for ... read more >
On June 1, 2017, former detainees at a private detention facility in Leavenworth, Kansas filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiffs sued CoreCivic, Inc. (the facility's operator) and Securus Technologies, Inc. (its phone and video services provider) for violations of the Kansas, Missouri and federal (18 U.S.C. §§ 2510, et seq.) wiretapping statutes. The plaintiffs were represented by private counsel and sought monetary relief and attorney’s fees. The plaintiffs claimed that throughout the time they were detained, defendants improperly and without authorization recorded confidential phone calls and meetings between them and their attorneys. Magistrate Judge James P. O’Hara was assigned to the case.

On November 13, 2017 an individual tried to join the case as a member of the class, but this motion was denied because class certification had not been granted.

CoreCivic and Securus moved to dismiss Count I (the violation of the Missouri wiretapping statute), and this motion was granted because none of the allegedly unlawful interceptions took place Missouri. Securus also moved to dismiss Counts II and III (the violations of the Kansas and federal wiretapping statutes). The court granted in part and denied in part this motion. Specifically, the court found that the plaintiffs had not adequately alleged that any of their intercepted communications had been disclosed but had adequately alleged that their communications had been unlawfully intercepted and a statutory business use exception did not apply because intercepting conversations between detainees and their lawyers was not part of the defendants' ordinary course of business. 2018 WL 1175042 (Mar. 5, 2018).

The parties began settlement negotiations in August, 2018. These negotiations continued until August 23, 2019, when the plaintiffs moved to certify the class and for preliminary approval of class action settlement. The court granted this motion on September 26, 2019. Five members of the class filed objections to the settlement, but the court overruled these objections and approved the settlement on January 28, 2020.

The certified class included:
All detainees at Leavenworth Detention Center who, during the period of June 1, 2014 through June 19, 2017, had their attorney-client telephone calls recorded by Defendants: (a) after the detainee requested privatization of his or her attorney’s phone number (subclass A); (b) after his or her attorney requested privatization of the attorney’s phone number (subclass B); (c) after Judge Robinson’s cease and desist order on August 10, 2016, in the case styled U.S. v. Black, Case No. 2:16-CR-20032 (subclass C); or (d) after the detainee or his or her attorney otherwise notified one or more Defendants in writing of their attorney-client relationship and provided written notification of the attorney’s phone number at issue (subclass D).
The settlement agreement created a Settlement Fund of $1,450,000.00, of which CoreCivic agreed to fund $1,100,000.00 and Securua agreed to fund $350,000.00. The plaintiffs' attorneys received about $500,000 of the settlement funds. The settlement did not provide for relief besides damages.

As of April 5, 2020, the court has retained jurisdiction for the administration of ongoing settlement payments.

Anna Brito - 10/03/2018
Alex Moody - 04/05/2020


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
General
Access to lawyers or judicial system
Confidentiality
Phone
Search policies
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action State law
Defendant(s) CoreCivic, Inc
Securus Technologies, Inc.
Plaintiff Description Former detainees at Leavenworth Detention Center (a private detention center in Kansas) whose attorney-client telephone calls had been intercepted on behalf of a class of all detainees at that facility whose attorney-client calls had been intercepted between June 1, 2014 and June 19, 2017.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 06/01/2017
Case Ongoing Yes
Additional Resources
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Docket(s)
2:17-cv-02320 (D. Kan.)
PC-KS-0007-9000.pdf | Detail
Date: 05/01/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-KS-0007-0001.pdf | Detail
Date: 06/01/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 75] (2018 WL 1175042) (D. Kan.)
PC-KS-0007-0002.pdf | WESTLAW | Detail
Date: 03/05/2018
Source: PACER [Public Access to Court Electronic Records]
Unopposed Motion of Plaintiffs for Order Conditionally Certifying Settlement Class, Preliminarily Approving Class Action Settlement, Directing Distribution of Class Notice [ECF# 140]
PC-KS-0007-0003.pdf | Detail
Date: 08/23/2019
Source: PACER [Public Access to Court Electronic Records]
Unopposed Motion of Plaintiffs for Order Conditionally Certifying Settlement Class, Preliminarily Approving Class Action Settlement, Directing Distribution of Class Notice, Setting Hearing for Final Approval of Class Action Settlement [ECF# 140-2]
PC-KS-0007-0006.pdf | Detail
Date: 08/23/2019
Source: PACER [Public Access to Court Electronic Records]
Order Preliminarily Approving Class Action Settlement, Certifying the Settlement Class and Providing for Notice to the Settlement Class [ECF# 146] (D. Kan.)
PC-KS-0007-0004.pdf | Detail
Date: 09/26/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Final Approval of Class Action Settlement, Granting Motion for Attorney Fees, Overruling Objections [ECF# 177] (2020 WL 430212) (D. Kan.)
PC-KS-0007-0005.pdf | WESTLAW | Detail
Date: 01/28/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges O'Hara, James P. (D. Kan.) [Magistrate] show/hide docs
PC-KS-0007-9000
Robinson, Julie A. (D. Kan.) show/hide docs
PC-KS-0007-0002 | PC-KS-0007-0004 | PC-KS-0007-0005 | PC-KS-0007-9000
Plaintiff's Lawyers Horn, Robert A. (Missouri) show/hide docs
PC-KS-0007-0001 | PC-KS-0007-0003 | PC-KS-0007-9000
Kronawitter, Joseph A. (Missouri) show/hide docs
PC-KS-0007-0001 | PC-KS-0007-0003 | PC-KS-0007-9000
McCart, Brian Christopher (Missouri) show/hide docs
PC-KS-0007-0001 | PC-KS-0007-0003 | PC-KS-0007-9000
Meyers, Brian Timothy (Missouri) show/hide docs
PC-KS-0007-0001 | PC-KS-0007-0003 | PC-KS-0007-9000
Defendant's Lawyers Concannon, Taylor Brooke (Missouri) show/hide docs
PC-KS-0007-9000
Cutler, Michael P (Missouri) show/hide docs
PC-KS-0007-9000
Fitts, Amy D. (Missouri) show/hide docs
PC-KS-0007-9000
Harding, Robert Ryan (Missouri) show/hide docs
PC-KS-0007-9000
Hausmann, Taylor Brooke Concannon (Missouri) show/hide docs
PC-KS-0007-9000
Jacob, Tessa K. (Missouri) show/hide docs
PC-KS-0007-9000
Kokoruda, Thomas G. (Missouri) show/hide docs
PC-KS-0007-9000
Martin, Joshua P. (Texas) show/hide docs
PC-KS-0007-9000
Mayer, Alyssa (Missouri) show/hide docs
PC-KS-0007-9000
McCubbin, Lauren E. Tucker (Missouri) show/hide docs
PC-KS-0007-9000
Meltzer, Hal D. (Kansas) show/hide docs
PC-KS-0007-9000
Owens, Michael R (Missouri) show/hide docs
PC-KS-0007-9000

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