Case: The GEO Group, Inc. v. Murphy

3:24-cv-04990 | U.S. District Court for the District of New Jersey

Filed Date: April 15, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges a New Jersey State Bill prohibiting Immigration and Customs Enforcement (ICE) from entering into contracts with private service contractors for the detention of individuals by the federal government.  On April 15, 2024, plaintiff GEO Group, Inc – a private contractor operating a facility to hold federal, state, and county detainees – filed a lawsuit against the Governor and Attorney General of New Jersey (collectively, "New Jersey") in the United States District Court for t…

This case challenges a New Jersey State Bill prohibiting Immigration and Customs Enforcement (ICE) from entering into contracts with private service contractors for the detention of individuals by the federal government. 

On April 15, 2024, plaintiff GEO Group, Inc – a private contractor operating a facility to hold federal, state, and county detainees – filed a lawsuit against the Governor and Attorney General of New Jersey (collectively, "New Jersey") in the United States District Court for the District of New Jersey. The case was assigned to Judge Robert Kirsch. Plaintiff was represented by private counsel, Davis Wright Tremaine LLP. 

The complaint alleged that New Jersey State Bill AB-5207 (the “bill”), which prohibited private detention facilities, was preempted by 8 U.S.C. § 1231(g)(1)), which gives ICE broad discretion to determine where aliens are detained and to make arrangements with third parties to house federal detainees in contracted facilities. Additionally, the complaint alleged that as a contractor with the United States government, GEO Group “enjoys and is clothed in the federal government’s intergovernmental immunity under the Supremacy Clause.” GEO Group sought declaratory and injunctive relief, attorneys fees, and any other relief the court deemed proper.

On April 19, 2024, New Jersey filed a motion for preliminary injunction.On April 25, 2024, the court granted the preliminary injunction ordering that defendants were enjoined from enforcing the bill pending the Third Circuits’ ruling on an appeal of a similar case, CoreCivic, Inc. v. Governor of New Jersey, 23-2598. Additionally, the court ordered an administrative stay of all proceedings pending the Third Circuit’s decision in CoreCivic. Oral argument in CoreCivic is scheduled for May 1, 2025.

The case remains ongoing.

Summary Authors

Colton French (4/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68437691/parties/the-geo-group-inc-v-murphy/


Attorney for Plaintiff

BROUNELL, GEOFFREY S. (New Jersey)

Attorney for Defendant

LEVY, NATHANIEL ILAN (New Jersey)

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Documents in the Clearinghouse

Document
1

3:24-cv-04990

Complaint for Declaratory and Injunctive Relief

April 15, 2024

April 15, 2024

Complaint
11

3:24-cv-04990

Consent Order Granting Preliminary Relief

April 25, 2024

April 25, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68437691/the-geo-group-inc-v-murphy/

Last updated Aug. 10, 2025, 9:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PHILIP D. MURPHY, MATTHEW J. PLATKIN ( Filing and Admin fee $ 405 receipt number ANJDC-15284743), filed by THE GEO GROUP, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(BROUNELL, GEOFFREY) (Entered: 04/15/2024)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Civil Cover Sheet

View on PACER

April 15, 2024

April 15, 2024

Clearinghouse
2

Corporate Disclosure Statement by THE GEO GROUP, INC.. (BROUNELL, GEOFFREY) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER

Add and Terminate Judges

April 16, 2024

April 16, 2024

PACER

Judge Robert Kirsch and Magistrate Judge Tonianne J. Bongiovanni added. (jal, )

April 16, 2024

April 16, 2024

PACER
3

SUMMONS ISSUED as to PHILIP D. MURPHY, MATTHEW J. PLATKIN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, ) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
4

Consent MOTION for Leave to Appear Pro Hac Vice as to Scott Schipma by THE GEO GROUP, INC.. (Attachments: # 1 Declaration of Geoffrey S. Brounell, # 2 Declaration of Scott Schipma, # 3 Proposed Order)(BROUNELL, GEOFFREY) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
5

Consent MOTION for Leave to Appear Pro Hac Vice as to Joseph Negron, Jr. by THE GEO GROUP, INC.. (Attachments: # 1 Declaration of Geoffrey S. Brounell, # 2 Declaration of Joseph Negron, Jr., # 3 Proposed Order)(BROUNELL, GEOFFREY) (Entered: 04/18/2024)

1 Declaration of Geoffrey S. Brounell

View on PACER

2 Declaration of Joseph Negron, Jr.

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3 Proposed Order

View on PACER

April 18, 2024

April 18, 2024

PACER
6

CERTIFICATE OF SERVICE by THE GEO GROUP, INC. re 4 Consent MOTION for Leave to Appear Pro Hac Vice as to Scott Schipma, 5 Consent MOTION for Leave to Appear Pro Hac Vice as to Joseph Negron, Jr. (BROUNELL, GEOFFREY) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
7

WAIVER OF SERVICE Returned Executed by THE GEO GROUP, INC.. PHILIP D. MURPHY waiver sent on 4/16/2024, answer due 6/17/2024; MATTHEW J. PLATKIN waiver sent on 4/16/2024, answer due 6/17/2024. (BROUNELL, GEOFFREY) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 19, 2024

April 19, 2024

PACER

Set Deadlines as to 4 Consent MOTION for Leave to Appear Pro Hac Vice as to Scott Schipma, 5 Consent MOTION for Leave to Appear Pro Hac Vice as to Joseph Negron, Jr.. Motion set for 5/20/2024 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv)

April 19, 2024

April 19, 2024

PACER
8

MOTION for Preliminary Injunction and Permanent Injunction Pursuant to Rule 65 by THE GEO GROUP, INC.. (Attachments: # 1 Memorandum of Law in Support, # 2 Declaration of Amber Martin, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order, # 8 Certificate of Service)(BROUNELL, GEOFFREY) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 22, 2024

April 22, 2024

PACER

Set Deadlines as to 8 MOTION for Preliminary Injunction and Permanent Injunction Pursuant to Rule 65. Motion set for 5/20/2024 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)

April 22, 2024

April 22, 2024

PACER
9

NOTICE of Appearance by NATHANIEL ILAN LEVY on behalf of All Defendants (LEVY, NATHANIEL) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
10

Letter from all parties, jointly submitted. (Attachments: # 1 Text of Proposed Order)(LEVY, NATHANIEL) (Entered: 04/25/2024)

1 Text of Proposed Order

View on RECAP

April 25, 2024

April 25, 2024

RECAP
11

CONSENT ORDER granting 8 Motion for Preliminary Injunction. This is matter is otherwise ADMINISTRATIVELY STAYED. Signed by Judge Robert Kirsch on 4/25/2024. (jdg) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

Clearinghouse
12

ORDER Granting 4 Motion for Leave to Appear Pro Hac Vice as to SCHOTT SCHIPMA. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/6/2024. (amv) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
13

ORDER Granting 5 Motion for Leave to Appear Pro Hac Vice as to JOSEPH NEGRON, JR. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/6/2024. (amv) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER

Pro Hac Vice Fee Received

May 30, 2024

May 30, 2024

PACER

Pro Hac Vice fee for SCHOTT SCHIPMA and JOSEPH NEGRON, JR.: $ 500, receipt number NEW50283 (jr)

May 30, 2024

May 30, 2024

PACER
14

Notice of Request by Pro Hac Vice Scott Schipma to receive Notices of Electronic Filings. (BROUNELL, GEOFFREY) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

PACER
15

Notice of Request by Pro Hac Vice Joseph Negron, Jr. to receive Notices of Electronic Filings. (BROUNELL, GEOFFREY) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

PACER

Notice of Pro Hac Vice counsel added

May 31, 2024

May 31, 2024

PACER

Pro Hac Vice counsel, SCOTT SCHIPMA and JOSEPH NEGRON, JR., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (kht)

May 31, 2024

May 31, 2024

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

GEO Group, Inc., a private contractor operating a facility to hold federal, state, and county detainees

Plaintiff Type(s):

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of New Jersey, State

State of New Jersey, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Border police

Detention - conditions

Detention - criteria

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure