Case: Barrientos v. CoreCivic Inc.

4:18-cv-00070 | U.S. District Court for the Middle District of Georgia

Filed Date: April 17, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 17, 2018, three current or former detained immigrants filed this class-action lawsuit in the U.S. District Court for the Middle District of Georgia, where the case was assigned to Judge Clay D. Land. The plaintiffs sued CoreCivic, Inc., a private prison corporation that owns and operates the Stewart Detention Center (“Stewart”), under the Trafficking Victims Protection Act (TVPA), 18 U.S.C. §§ 1589, 1594, and 1595. The plaintiffs, represented by the Southern Poverty Law Center and priv…

On April 17, 2018, three current or former detained immigrants filed this class-action lawsuit in the U.S. District Court for the Middle District of Georgia, where the case was assigned to Judge Clay D. Land. The plaintiffs sued CoreCivic, Inc., a private prison corporation that owns and operates the Stewart Detention Center (“Stewart”), under the Trafficking Victims Protection Act (TVPA), 18 U.S.C. §§ 1589, 1594, and 1595. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, alleged that the defendant operated a deprivation scheme intended to force detained immigrants to work nearly for free for the detention facility, resulting in a forced labor scheme and an economic windfall for the defendant. Specifically, the plaintiffs alleged that the defendant deprived detainees of basic necessities so that they were forced to work to purchase those items and threatened those who refused to work with serious harm, such as deprivation of privacy, criminal prosecution, or solitary confinement. The plaintiffs sought declaratory and injunctive relief, as well as damages. They claimed violations of the TVPA and unjust enrichment under state common law.

The plaintiffs sought certification of the following two classes: (1) all civil immigration detainees who performed work for CoreCivic at Stewart in the “Volunteer Work Program” within the past ten years, up to the date the class is certified (“Forced Labor Class”); and (2) all civil immigration detainees who performed work for CoreCivic at Stewart in the “Volunteer Work Program” within the past four years, up to the date the class is certified (“Unjust Enrichment Class”).

On June 21, 2018, CoreCivic filed a motion to dismiss the plaintiffs’ entire complaint for failure to state a claim under the TVPA, arguing that Congress did not intend the TVPA to apply to alien detainees in the lawful custody of the U.S. Government or to private contractors operating immigration detention facilities. On August 17, 2018, Judge Land denied the defendant’s motion to dismiss and found that the plaintiffs had alleged sufficient facts to support both their TVPA claim and their unjust enrichment claim. Most significantly, the court found that the TVPA does apply to work programs in federal immigration detention facilities operated by private for-profit contractors. However, Judge Land certified the issue for immediate interlocutory appeal given the substantial ground for difference of opinion on this issue. 332 F.Supp.3d 1305.

The defendant appealed the district court’s denial of its motion to dismiss to the Eleventh Circuit on December 12, 2018.

After holding oral argument in January 2020, an Eleventh Circuit panel (Circuit Judges Frank Hull and Stanley Marcus and District Court Judge Barbara Rothstein) issued an opinion on February 28, 2020, concluding that "the TVPA covers the conduct of private contractors operating federal immigration detention facilities." 2020 WL 964358. The Eleventh Circuit further concluded that the TVPA does not bar private contractors from operating voluntary work programs for persons held in immigration detention facilities but that private contractors who operate such programs "may be liable if they knowingly obtain or procure the labor or services of a program participant through the illegal coercive means explicitly listed in the TVPA." The Eleventh Circuit's review was limited only to the legal question of whether the TVPA applies to private contractors operating immigration detention facilities, so it did not address whether the plaintiffs' complaint sufficiently stated a claim under the TVPA. Following the Eleventh Circuit's decision, the district court lifted the stay.

In mid-June 2020, CoreCivic filed a counterclaim against the plaintiffs.The counterclaim asserted that plaintiffs, if they were to prevail, would be unjustly enriched by any monetary damages and that, in the event damages were awarded, the court should also enter an order awarding CoreCivic all costs and expenses incurred in providing basic necessities to the plaintiffs and the putative class while they were detained. On August 7, 2020, the plaintiffs moved to dismiss CoreCivic's counterclaim.

The plaintiffs filed a new amended complaint on October 16, 2020. In their answer, CoreCivic reasserted their counterclaim. The plaintiffs again moved to dismiss the counterclaim. The court granted the plaintiffs' motion on March 10, 2021, finding that the defendant had failed to state a claim under Georgia law. Judge Land noted that the defendant failed to allege that they had any expectation that the plaintiffs would bear the cost of the basic necessities provided by CoreCivic during their detention, writing that "CoreCivic’s audacity in claiming that it should be compensated for providing basic necessities to detainees who it contracted to detain is astonishing."

On August 23, 2021, the court granted the plaintiffs' motion to compel discovery and ordered CoreCivic to fully respond to discovery request relating to financial documents, monthly staffing reports, policies, and audit reports. Discovery continued throughout 2021 and into early 2022. On February 15, 2022, the court found that the parties had not made a good faith effort to resolve their outstanding discovery disputes and order the parties to meet and confer. As of March 27, 2022, the litigation is ongoing. 

Summary Authors

Eva Richardson (5/22/2019)

Aaron Gurley (3/3/2020)

Rachel Harrington (3/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6384840/parties/barrientos-v-corecivic-inc/


Judge(s)

Hull, Frank M. (Georgia)

Land, Clay D. (Georgia)

Attorneys(s) for Plaintiff

Burns, Warren T. (Texas)

Charest, Daniel H. (Texas)

Free, Robert Andrew (Tennessee)

Lopez, Bryan (Louisiana)

Nelson, Korey Arthur (Louisiana)

Rivera, Laura G. (Georgia)

Shahshahani, Azadeh N. (Georgia)

Stewart, Meredith B. (Louisiana)

Judge(s)

Hull, Frank M. (Georgia)

Land, Clay D. (Georgia)

Attorneys(s) for Plaintiff

Burns, Warren T. (Texas)

Charest, Daniel H. (Texas)

Free, Robert Andrew (Tennessee)

Lopez, Bryan (Louisiana)

Nelson, Korey Arthur (Louisiana)

Rivera, Laura G. (Georgia)

Shahshahani, Azadeh N. (Georgia)

Stewart, Meredith B. (Louisiana)

Werner, Daniel (Georgia)

Wright, Lydia (Mississippi)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Curry, Stephen E. (Georgia)

Hesman, Ashlee (Arizona)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Struck, Daniel Patrick (Arizona)

Expert/Monitor/Master

Bhatt, Priyanka (Georgia)

Documents in the Clearinghouse

Document

Docket

Barrientos v. Corecivic

March 3, 2020 Docket
1

Complaint

Barrientos v. Corecivic

April 17, 2018 Complaint
38

Order

Barrientos v. Corecivic

332 F.Supp.3d 1305

Aug. 17, 2018 Order/Opinion
BL-64

Opinion

Barrientos v. Corecivic

U. S. Court of Appeals for the Eleventh Circuit

951 F.3d 1269, 2020 WL 964358

Feb. 28, 2020 Order/Opinion
126

Order

Barrientos v. CoreCivic, Inc.

2021 WL 6931810

March 10, 2021 Order/Opinion

Resources

Title Description External URL

SPLC sues private prison company that uses forced labor of detained immigrants in Georgia to boost profits

Southern Poverty Law Center

CoreCivic, Inc., a private prison company under contract with Stewart County, Georgia, to house individuals detained by U.S. Immigration and Customs Enforcement (ICE), is forcing detained immigrants … April 17, 2018 https://www.splcenter.org/news/2018/04/17/splc-sues-private-prison-company-uses-forced-labor-detained-immigrants-georgia-boost

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6384840/barrientos-v-corecivic-inc/

Last updated May 20, 2022, 4:52 a.m.

ECF Number Description Date Link
1

COMPLAINT against CoreCivic, Inc. Fee paid: Receipt # 113G-2855391, $400 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(WERNER, DANIEL) (Entered: 04/17/2018)

1 Civil Cover Sheet

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2 Summons

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April 17, 2018 RECAP

Notice of Deficiency

April 17, 2018 PACER

Notice to Attorney Re: Admissions Requirement

April 17, 2018 PACER

Notice of Deficiency (related document(s): 1 Complaint filed by Margarito Velazquez Galicia, Shoaib Ahmed, Wilhen Hill Barrientos ); Attorney Case Opening - Parties were added using punctuation AND/OR title capitalization - The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES) - Do not use ANY punctuation when adding new parties - For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia - NO NEED TO REFILE. (glg)

April 17, 2018 PACER

NOTICE TO COUNSEL PRIYANKA BHATT, MEREDITH BLAKE STEWART, BRYAN LOPEZ, R ANDREW FREE, KOREY ARTHUR NELSON, LYDIA ANNE WRIGHT, WARREN T BURNS, DANIEL H CHAREST - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (glg)

April 17, 2018 PACER
2

Summons Issued as to CoreCivic, Inc. (glg) (Entered: 04/17/2018)

April 17, 2018 PACER
3

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by BRYAN LOPEZ (nop) (Entered: 04/19/2018)

April 19, 2018 PACER
4

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MEREDITH BLAKE STEWART (nop) (Entered: 04/19/2018)

April 19, 2018 PACER
5

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by PRIYANKA BHATT, KOREY ARTHUR NELSON, LYDIA ANNE WRIGHT, WARREN T BURNS, DANIEL H CHAREST (Attachments: # 1 Pro Hac Vice Admission, # 2 Pro Hac Vice Admission, # 3 Pro Hac Vice Admission, # 4 Pro Hac Vice Admission) (nop) (Entered: 04/25/2018)

1 Pro Hac Vice Admission

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2 Pro Hac Vice Admission

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3 Pro Hac Vice Admission

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4 Pro Hac Vice Admission

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April 25, 2018 PACER
6

NOTICE of Attorney Appearance by KOREY ARTHUR NELSON on behalf of SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (NELSON, KOREY) (Entered: 04/27/2018)

April 27, 2018 PACER
7

NOTICE of Attorney Appearance by LYDIA ANNE WRIGHT on behalf of SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (WRIGHT, LYDIA) (Entered: 04/27/2018)

April 27, 2018 PACER
8

NOTICE of Attorney Appearance by DANIEL H CHAREST on behalf of SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (CHAREST, DANIEL) (Entered: 04/27/2018)

April 27, 2018 PACER
9

NOTICE of Attorney Appearance by WARREN T BURNS on behalf of SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (BURNS, WARREN) (Entered: 04/27/2018)

April 27, 2018 PACER
10

NOTICE of Attorney Appearance by MEREDITH BLAKE STEWART on behalf of SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (STEWART, MEREDITH) (Entered: 04/30/2018)

April 30, 2018 PACER
11

NOTICE of Attorney Appearance by DANIEL WERNER on behalf of All Plaintiffs (WERNER, DANIEL) (Entered: 04/30/2018)

April 30, 2018 PACER
12

NOTICE of Attorney Appearance by BRYAN LOPEZ on behalf of All Plaintiffs (LOPEZ, BRYAN) (Entered: 04/30/2018)

April 30, 2018 PACER
13

NOTICE of Attorney Appearance by LAURA G RIVERA on behalf of All Plaintiffs (RIVERA, LAURA) (Entered: 04/30/2018)

April 30, 2018 PACER
14

NOTICE of Attorney Appearance by PRIYANKA BHATT on behalf of All Plaintiffs (BHATT, PRIYANKA) (Entered: 05/01/2018)

May 1, 2018 PACER

Notice of Deficiency

May 2, 2018 PACER

Notice of Deficiency (related document(s): 14 Notice of Attorney Appearance filed by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA ); Document must be converted into text-searchable PDF format. No need to refile. (glg)

May 2, 2018 PACER
15

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by R ANDREW FREE (nop) (Entered: 05/03/2018)

May 3, 2018 PACER
16

NOTICE of Attorney Appearance by AZADEH N SHAHSHAHANI on behalf of All Plaintiffs (SHAHSHAHANI, AZADEH) (Entered: 05/07/2018)

May 7, 2018 PACER
17

NOTICE of Attorney Appearance by Stephen E Curry on behalf of CORECIVIC INC Attorney Stephen E Curry added to party CORECIVIC INC(pty:dft) (Curry, Stephen) (Entered: 05/09/2018)

May 9, 2018 PACER
18

SUMMONS Returned Executed by WILHEN HILL BARRIENTOS, SHOAIB AHMED, MARGARITO VELAZQUEZ-GALICIA as to All Defendants. (RIVERA, LAURA) (Entered: 05/10/2018)

May 10, 2018 PACER
19

NOTICE of Attorney Appearance by DANIEL P STRUCK on behalf of CORECIVIC INC (STRUCK, DANIEL) (Entered: 05/15/2018)

May 15, 2018 PACER

Notice of Deficiency

May 15, 2018 PACER
20

NOTICE of Attorney Appearance by RACHEL LOVE on behalf of CORECIVIC INC (LOVE, RACHEL) (Entered: 05/15/2018)

May 15, 2018 PACER
21

NOTICE of Attorney Appearance by NICHOLAS D ACEDO on behalf of CORECIVIC INC (ACEDO, NICHOLAS) (Entered: 05/15/2018)

May 15, 2018 PACER
22

NOTICE of Attorney Appearance by ASHLEE B HESMAN on behalf of CORECIVIC INC (HESMAN, ASHLEE) (Entered: 05/15/2018)

May 15, 2018 PACER
23

STIPULATION for Extension of Time to Respond to Plaintiffs' Complaint re 1 Complaint by CORECIVIC INC (STRUCK, DANIEL) (Entered: 05/15/2018)

May 15, 2018 PACER
24

Corporate Disclosure Statement by CORECIVIC INC (STRUCK, DANIEL) (Entered: 05/15/2018)

May 15, 2018 PACER

Notice of Deficiency (related document(s): 24 Corporate Disclosure Statement filed by CORECIVIC INC. Document must be re-filed to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case, during the filing process in CM/ECF. It is not sufficient to simply have them listed on the document attached, they must also be entered into CM/ECF. During the filing process, the following user message appeared: "Corporate disclosures statement must be filed with any corporate parents, subsidiary corporations, and/or any publicly held corporation that owns 10% or more of its stock added in CM/ECF during the filing of the document. Failure to add the corporate parents and/or any publicly held corporation identified in your corporate disclosure statement will result in a request to re-file. (glg)

May 15, 2018 PACER
25

Corporate Disclosure Statement by CORECIVIC INC identifying Other Affiliate HOOSIER ONE INVESTMENTS LLC, Other Affiliate CORECIVIC LLC, Other Affiliate AVALON CORRECTIONAL SERVICES INC, Other Affiliate CORRECTIONAL MANAGEMENT INC, Other Affiliate CORRECTIONAL ALTERNATIVES LLC, Other Affiliate CCA SOUTH TEXAS LLC, Other Affiliate CORECIVIC OF KANSAS LLC, Other Affiliate CORECIVIC OF TALLAHASSEE LLC, Other Affiliate CCA UK LTD, Other Affiliate CORECIVIC TRS LLC, Other Affiliate TIME TO CHANGE INC for CORECIVIC INC. (STRUCK, DANIEL) (Entered: 05/15/2018)

May 15, 2018 PACER
26

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NICHOLAS D ACEDO (nop) (Entered: 05/17/2018)

May 17, 2018 PACER
27

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by RACHEL LOVE (nop) (Entered: 05/17/2018)

May 17, 2018 PACER
28

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ASHLEE B HESMAN (nop) (Entered: 05/17/2018)

May 17, 2018 PACER
29

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DANIEL P STRUCK (nop) (Entered: 05/17/2018)

May 17, 2018 PACER
30

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CORECIVIC INC filed by DANIEL P STRUCK. (Attachments: # 1 Memorandum in Support)(STRUCK, DANIEL) (Entered: 06/21/2018)

1 Memorandum in Support

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June 21, 2018 PACER
31

Jurisdictional Statement by CORECIVIC INC (STRUCK, DANIEL) (Entered: 07/02/2018)

July 2, 2018 PACER
32

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JACOB B LEE (nop) (Entered: 07/09/2018)

July 9, 2018 PACER
33

NOTICE of Attorney Appearance by JACOB B LEE on behalf of CORECIVIC INC (LEE, JACOB) (Entered: 07/09/2018)

July 9, 2018 PACER
34

RESPONSE filed by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (STEWART, MEREDITH) (Entered: 07/12/2018)

July 12, 2018 RECAP
35

STIPULATION for Extension of Time to File Reply in Support of Motion to Dismiss Complaint re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 34 Response to Motion by CORECIVIC INC (STRUCK, DANIEL) (Entered: 07/18/2018)

July 18, 2018 PACER

Notice of Deficiency

July 19, 2018 PACER

Notice of Deficiency (related document(s): 35 Stipulation filed by CORECIVIC INC ). Parties can not file a STIPULATION FOR EXTENSION OF TIME. You must file a Motion for such an extension. Please file a Motion. (glg)

July 19, 2018 PACER
36

CONSENT MOTION for Extension of Time to File REPLY TO RESPONSE as to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CORECIVIC INC filed by DANIEL P STRUCK. (Attachments: # 1 Proposed Order)(STRUCK, DANIEL) (Entered: 07/19/2018)

1 Proposed Order

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July 19, 2018 PACER

Notice (Other)

July 20, 2018 PACER

Notice of Clerk's Granting of Extension re: 36 MOTION for Extension of Time to File REPLY TO RESPONSE as to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CORECIVIC INC, 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CORECIVIC INC. The reply is now due Aug 2, 2018. (glg)

July 20, 2018 PACER
37

REPLY to Response filed by CORECIVIC INC re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (STRUCK, DANIEL) (Entered: 08/02/2018)

Aug. 2, 2018 RECAP
38

ORDER denying 30 Motion to Dismiss for Failure to State a Claim, certifying issue for interlocutory appeal, and staying proceedings in this Court pending resolution of any application for interlocutory appeal. Ordered by US DISTRICT JUDGE CLAY D LAND on 8/17/2018 (tlp) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
39

USCA Order granting petition to appeal IAW 28 U.S.C. ยง 1292(b) (Attachments: # 1 Cover Letter)(tlf). (Entered: 12/12/2018)

1 Cover Letter

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Dec. 12, 2018 PACER

Appeal Instructions

Dec. 12, 2018 PACER
40

NOTICE OF APPEAL (filed in CCA-11) as to 38 Order on Motion to Dismiss for Failure to State a Claim by CORECIVIC INC (tlf). (Entered: 12/12/2018)

Dec. 12, 2018 RECAP
41

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 40 Notice of Appeal, 38 Order on Motion to Dismiss for Failure to State a Claim, Judge Appealed: Land. Court Reporter: None. Fee: Not Paid (tlf). (Entered: 12/12/2018)

Dec. 12, 2018 PACER

Appeal Instructions re 40 Notice of Appeal. The Transcript Information Form and instructions are available on the District Court website under Forms & Guides. **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 1/2/2019 (tlf).

Dec. 12, 2018 PACER

Appeal Filing Fee

Dec. 13, 2018 PACER

Appeal Fee paid Receipt # 113G-3042786, $505 (STRUCK, DANIEL)

Dec. 13, 2018 PACER

Pursuant to F.R.A.P 11(c) the Clerk of the District Court for the Middle District of Georgia certifies that the record is complete for purposes of this appeal re: 40 Notice of Appeal. The entire record on appeal is available electronically. Counsel failed to file the transcript information form as instructed on December 12, 2018 (tlf).

Jan. 14, 2019 PACER

Electronic Availability of ROA

Jan. 14, 2019 PACER
42

USCA Order/Opinion as to 40 Notice of Appeal filed by CORECIVIC INC - USCA AFFIRMS USDC denial of MTD complaint. (Attachments: # 1 Cover Letter)(esl) (Entered: 02/28/2020)

1 Cover Letter

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Feb. 28, 2020 PACER
43

MOTION to Withdraw as Attorney by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA filed by DANIEL WERNER. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Withdraw as Counsel)(WERNER, DANIEL) (Entered: 03/02/2020)

March 2, 2020 PACER
44

ORDER granting 43 Motion to Withdraw as Attorney. Attorney DANIEL WERNER and BRYAN LOPEZ terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 3/3/2020 (tlp) (Entered: 03/03/2020)

March 3, 2020 PACER
45

NOTICE of Attorney Appearance by REBECCA CASSLER on behalf of All Plaintiffs Attorney REBECCA CASSLER added to party SHOAIB AHMED(pty:pla), Attorney REBECCA CASSLER added to party WILHEN HILL BARRIENTOS(pty:pla), Attorney REBECCA CASSLER added to party MARGARITO VELAZQUEZ-GALICIA(pty:pla) (CASSLER, REBECCA) (Entered: 03/10/2020)

March 10, 2020 PACER
46

MANDATE of USCA AFFIRMING the decision of the District Court as to 40 Notice of Appeal filed by CORECIVIC INC (Attachments: # 1 Cover Letter)(esl) (Entered: 03/30/2020)

March 30, 2020 PACER
47

MOTION to Lift the Stay by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA filed by MEREDITH BLAKE STEWART. (Attachments: # 1 Memorandum in Support)(STEWART, MEREDITH) (Entered: 04/06/2020)

April 6, 2020 PACER
48

NOTICE Re: Opposition to Plaintiffs' Motion to Lift Stay by CORECIVIC INC re 47 MOTION to Lift the Stay (ACEDO, NICHOLAS) (Entered: 04/06/2020)

April 6, 2020 PACER
49

MOTION to Order an Amended Complaint or Grant Leave to File a Rule 12 Motion re 47 MOTION to Lift the Stay by CORECIVIC INC filed by NICHOLAS D ACEDO.(ACEDO, NICHOLAS) (Entered: 04/27/2020)

April 27, 2020 PACER
50

RESPONSE filed by CORECIVIC INC re 49 MOTION to Order an Amended Complaint or Grant Leave to File a Rule 12 Motion re 47 MOTION to Lift the Stay, 47 MOTION to Lift the Stay (Attachments: # 1 Exhibit 1 - US Amicus Curiae Brief in Barrientos Appeal, # 2 Exhibit 2 - Order on Motion for Class Certification in Owino, # 3 Exhibit 3 - First Amended Complaint in Owino, # 4 Exhibit 4 - Counsel correspondence)(ACEDO, NICHOLAS) (Entered: 04/27/2020)

April 27, 2020 PACER
51

REPLY to Response filed by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA re 47 MOTION to Lift the Stay (Attachments: # 1 Exhibit A - Table, # 2 Exhibit B - CoreCivic's Motion for Reconsideration, # 3 Exhibit C - Declaration of Meredith B. Stewart)(STEWART, MEREDITH) (Entered: 05/11/2020)

May 11, 2020 PACER
52

RESPONSE filed by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA re 49 MOTION to Order an Amended Complaint or Grant Leave to File a Rule 12 Motion re 47 MOTION to Lift the Stay (Attachments: # 1 Exhibit A - Excerpts from Barrientos v. CoreCivic (11th Cir.) Oral Argument)(STEWART, MEREDITH) (Entered: 05/11/2020)

May 11, 2020 PACER
53

NOTICE of Attorney Appearance by CAITLIN JOY SANDLEY on behalf of All Plaintiffs Attorney CAITLIN JOY SANDLEY added to party SHOAIB AHMED(pty:pla), Attorney CAITLIN JOY SANDLEY added to party WILHEN HILL BARRIENTOS(pty:pla), Attorney CAITLIN JOY SANDLEY added to party MARGARITO VELAZQUEZ-GALICIA(pty:pla) (SANDLEY, CAITLIN) (Entered: 05/11/2020)

May 11, 2020 PACER
54

This is a text only entry; no document issued. ORDER granting 47 Motion to lift the stay; denying 49 Motion to order to amend complaint or for leave to file another pre-answer motion to dismiss. The stay was entered for the duration of Defendants' interlocutory appeal. That appeal has concluded, and the stay is accordingly hereby lifted. The Court denies Defendants' motion to require Plaintiffs' to amend their pleadings and denies their request to be allowed to file another pre-answer motion to dismiss. Defendants' shall file their answer and responsive pleadings within 28 days of today's order. Defendants may include with that answer a motion to dismiss Plaintiffs' complaint on grounds that did not exist at the time Defendants filed their first motion to dismiss. This action shall not be stayed during the pendency of any such motion. The parties shall also promptly confer to develop a jointly proposed scheduling order that shall be submitted to the Court within 35 days of today's order. Ordered by US DISTRICT JUDGE CLAY D LAND on May 13, 2020 (CDL) (Entered: 05/13/2020)

May 13, 2020 PACER

Order on Motion for Miscellaneous Relief

May 13, 2020 PACER
55

RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 6/17/2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/13/2020. (esl) (Entered: 05/13/2020)

May 13, 2020 PACER
56

NOTICE Notice of Corrected Filing by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA re 52 Response to Motion, (Attachments: # 1 Exhibit 1 - Corrected Excerpts from Oral Argument)(CASSLER, REBECCA) (Entered: 05/21/2020)

May 21, 2020 PACER
57

CONSENT MOTION for Extension of Time to File Answer re 54 Order on Motion for Miscellaneous Relief,,,,,,,,, 1 Complaint by CORECIVIC INC filed by NICHOLAS D ACEDO. (Attachments: # 1 Proposed Order)(ACEDO, NICHOLAS) (Entered: 06/05/2020)

June 5, 2020 PACER
58

ORDER granting 57 Motion for Extension of Time to Answer re 1 Complaint - Answer due 6/17/2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 6/8/2020 (esl) (Entered: 06/08/2020)

June 8, 2020 PACER
59

ANSWER to Complaint(), COUNTERCLAIM against All Plaintiffs by CORECIVIC INC with Jury Demand.(STRUCK, DANIEL) (Entered: 06/17/2020)

June 17, 2020 RECAP
60

DEMAND for Trial by Jury by CORECIVIC INC (STRUCK, DANIEL) (Entered: 06/17/2020)

June 17, 2020 PACER
61

NOTICE Re: Motion to Dismiss by CORECIVIC INC re 59 Answer to Complaint, Counterclaim (STRUCK, DANIEL) (Entered: 06/17/2020)

June 17, 2020 PACER
62

NOTICE Change in Designated Lead Counsel by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA (STEWART, MEREDITH) (Entered: 06/18/2020)

June 18, 2020 PACER
63

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 3/17/2021. Dispositive motions due by 5/3/2021. Ordered by US DISTRICT JUDGE CLAY D. LAND on 6/19/2020 (tlf). (Entered: 06/19/2020)

June 19, 2020 PACER
64

NOTICE Stipulation of Extension of Time to File Answer to Counterclaim by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA re 59 Answer to Complaint, Counterclaim (SANDLEY, CAITLIN) (Entered: 06/29/2020)

June 29, 2020 PACER

Notice of Discrepancy (related document: 64 Notice (Other) filed by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA ); Notice to Counsel - (Caitlin Sandley) Your contact information in CM/ECF does not match that reflected on your most recent filing. Please update your contact information via PACER. No need to refile the document, but contact information on future filings should match that reflected in PACER. It is counsel's responsibility to keep information current. (esl)

June 30, 2020 PACER

Notice of Deficiency

June 30, 2020 PACER
65

JOINT MOTION for Protective Order by CORECIVIC INC filed by JACOB B LEE. (Attachments: # 1 Exhibit 1 - Proposed Protective Order, # 2 Exhibit 2 - Proposed Order for Data Preservation and Production - Defendant's Version, # 3 Exhibit 3- Proposed Order for Data Preservation and Production - Plaintiffs' Version)(LEE, JACOB) (Entered: 07/15/2020)

July 15, 2020 PACER
66

NOTICE Submission of Corrected Exhibits to Joint Motion for Protective Order and Order Controlling Discovery of Electronically Stored Information by CORECIVIC INC re 65 MOTION for Protective Order (Attachments: # 1 Exhibit 2 - Corrected Order for Data Preservation and Production - Defendant's Version, # 2 Exhibit 3 - Corrected Order for Data Preservation and Production - Plaintiffs' Version)(LEE, JACOB) (Entered: 07/16/2020)

July 16, 2020 PACER
67

PROTECTIVE ORDER - Ordered by US DISTRICT JUDGE CLAY D LAND on 7/16/2020. (esl) (Entered: 07/17/2020)

July 17, 2020 PACER
68

ORDER FOR DATA PRESERVATION AND PRODUCTION - Ordered by US DISTRICT JUDGE CLAY D LAND on 7/16/2020. (esl) (Entered: 07/17/2020)

July 17, 2020 RECAP
69

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3521720, $100. LOCAL COUNSEL Name and Georgia Bar #: Caitlin J. Sandley, GA Bar No. 610130. (Attachments: # 1 Certificate of Good Standing)(HASEN, JESSICA) (Entered: 07/23/2020)

July 23, 2020 PACER
70

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JESSICA TSENG HASEN (nop) (Entered: 07/24/2020)

July 24, 2020 PACER
71

NOTICE of Attorney Appearance by JACOB D MASSEE on behalf of CORECIVIC INC Attorney JACOB D MASSEE added to party CORECIVIC INC(pty:cc), Attorney JACOB D MASSEE added to party CORECIVIC INC(pty:dft)(MASSEE, JACOB) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
72

NOTICE of Attorney Appearance by DAVID WILLIAM BOBO MULLENS, III on behalf of CORECIVIC INC Attorney DAVID WILLIAM BOBO MULLENS, III added to party CORECIVIC INC(pty:cc), Attorney DAVID WILLIAM BOBO MULLENS, III added to party CORECIVIC INC(pty:dft)(MULLENS, DAVID) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
73

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3533559, $100. LOCAL COUNSEL Name and Georgia Bar #: Caitlin J. Sandley, GA Bar No. 610130. (Attachments: # 1 Certificate of Good Standing)(DIXON, JOHN) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
74

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3533589, $100. LOCAL COUNSEL Name and Georgia Bar #: Caitlin J. Sandley, GA Bar No. 610130. (Attachments: # 1 Certificate of Good Standing)(COOPER, EMILY) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
75

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3533594, $100. LOCAL COUNSEL Name and Georgia Bar #: Caitlin J. Sandley, GA Bar No. 610130. (Attachments: # 1 Certificate of Good Standing)(HOWARD, ALAN) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
76

MOTION to Dismiss Defendant's Counterclaim (Doc. 59) by SHOAIB AHMED, WILHEN HILL BARRIENTOS, MARGARITO VELAZQUEZ-GALICIA filed by CAITLIN JOY SANDLEY. (Attachments: # 1 Memorandum in Support Exhibit 1 - Memorandum in Support)(SANDLEY, CAITLIN) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
77

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JOHN THOMAS DIXON (nop) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
78

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by EMILY BARBARA COOPER (nop) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
79

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ALAN B HOWARD (nop) (Entered: 08/10/2020)

Aug. 10, 2020 PACER

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Immigrant Detention Labor Issues

Key Dates

Filing Date: April 17, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three current or former detained immigrants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

CoreCivic, Inc. , Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Disciplinary procedures

Forced labor

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Immigration status

Type of Facility:

Non-government for profit

Immigration/Border:

Detention - conditions

Detention - procedures

National Origin/Ethnicity:

Hispanic