14 Comments
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KingRayVet's avatar

Dear God, if that hadn't happened, do you think they stopped GEO from putting gas chambers in those concentration camps and not being able to be sued for doing so? Better learn our lesson from the Holocaust. All this seems highly illegal to me and flat out racism to begin with.

Percy's avatar

Thanks for the writeup on this case. I read other teasers that were way off base, and scared me.

Cole's avatar

I've said it before and I'll say it again. There should not be such a thing as a "private" prison. Ban them and criminalize anything or anyone that has anything to do with it. It's kidnapping. These people belong in jail, not before the Supreme Court trying to justify their schemes.

Emma's avatar

Huge stretch on geo's part. At least this ruined geo and core civic's weeks, along with a ridiculous number of other contractors that both parties insist on relying on to run a larger part of our government by the day. This is one area in which I would be happy to see the mesothelioma et al crowd jump in, the more individual lawsuits the better. Please do not waste this opinion on only class actions. These corps have big pockets, go big.

bakeneko's avatar

...“derivative sovereign immunity”...

Here's yet *another* phrase that merits an entry at The Contrarian's "Words and Phrases We Can Do Without" : https://contrarian.substack.com/p/words-and-phrases-cfb?utm_source=publication-search

bakeneko's avatar

Eventually, we are going to arrive at "Judgment at Hamberder-burg"....

Still.Resisting's avatar

They might as well scoop Core Civics, TennKKKlanistan’s favorite concentration camp administrators (good old boys) into the mix.

Richard Luthmann's avatar

Private prisons are the moral equivalent of street-level hustling dressed up in corporate suits. When your profit model depends on full cages, you’re not in corrections — you’re in human inventory management. The incentive structure is perverse: more detainees, more contracts, more revenue. That’s not justice. That’s warehousing misery for margin. The Supreme Court was right to slam the door on this fake “derivative sovereign immunity” dodge. If you take billions in taxpayer dollars to lock people up, you answer in court when you cross the line. No immunity shield. No corporate halo. Accountability isn’t anti-business — it’s pro-Constitution.

Susan Linehan's avatar

`Though the holding was on a narrow procedural ground, this strikes me as part of the answer to the question I have long been asking: why can't those held in horrible conditions, particularly deprivation of meds, sue in state court under ordinary state tort law. Neither the owner corporation nor the employees acting for it are governmental employees.

This case seems to be about an alleged violation of a federal statute (the anti slave labor law) but actual mistreatment is even farther from a "defense" "for conduct that the Government has lawfully “authorized and directed” the contractor to perform." If the government is authorizing and directing a contractor to withhold insulin from a type I diabetic, we have WAY more problems than that of the individual mistreatment involved.

James White's avatar

Here's the catch. While this case is clearly decided correctly one of its foundation cases was actually decided wrongly. FDIC v. Meyer, 510 U.S. 471, 475 (1994) was based on the United States v. Standard Oil Co. of Cal., 332 U. S. 301, 311 (1947) case but erroneously completely inverted that case's result. Standard Oil clearly decided that the USA could NOT sue for injury unless Congress established such a rule (which it never has). The First Amendment (not covered as a decisive factor in either Standard Oil or Meyer) clearly establishes the opposite right: to petition the Government for a redress of grievances.

Joe From the Bronx's avatar

This is how Trump v. U.S. should have gone. Trump would have had the ability to mount a defense, but it would have went to trial.

Theodore D'Afflisio's avatar

I’ve been looking for a way to get you a message and have to resort to this. I renewed my subscription at the end of last year but for some reason have received only 1 note since then. Is ther some technical problem on my end. I’ve checked the spam, junk and trash but find nothing.

Bikracer's avatar

If you click on your photo/icon up in the top right you will see a ‘support’ selection. You may find what you want there.