Lawsuit to stop city’s deal with private prison company dropped after circuit reversal

An immigrants' rights group dropped its attempt to block the expansion of private lockups for people facing deportation after the 9th U.S. Circuit Court of Appeals found the judge who granted the group an injunction had erred.

The Immigrant Legal Resource Center, represented by Nossaman LLP, filed for the dismissal Tuesday, one day after the circuit panel reversed U.S. District Judge Troy L. Nunley.

The group sued to stop the Kern County city of McFarland from amending a contract with Geo Group Inc. to expand a pair of lockups. They relied on SB 29, a Gov. Jerry Brown signed in 2017 aiming to bar governments in the state from signing new agreements with private prison companies to operate detention facilities for those who entered the U.S. illegally. Immigrant Legal Resource Center v. City of McFarland, 1:20-cv-00966-TLN-AC (E.D. Cal., filed July 10, 2020).

The circuit panel ruled Nunley had misconstrued the likelihood of harm to future third parties, prospective detainees, and they said the city had met meeting and notice requirements under state law.

Geo Group has a separate case seeking to overturn SB 29 as an unconstitutional state intrusion into federal affairs. In August, Nunley granted the company's motion for a preliminary injunction against enforcement of the law, pending the outcome of the center's case. The GEO Group Inc. v. Newsom, 2:20-cv-00533-TLN-AC (E.D. Cal., filed March 9, 2020).

Commenting on the move for dismissal of its case, Grisel M. Ruiz, supervising attorney at the Immigrant Legal Resource Center, said in an email, "We decided to re-evaluate our strategy to stop these cities and counties from entering into deals with for-profit corporations without fair input from communities."

She added, "It is also important to recognize that SB 29 remains valid and the law of the land."

-- Malcolm Maclachlan