The GEO Group, Inc. v. Menocal
Issues
Can a government contractor immediately appeal a denied claim for “derivative sovereign immunity” under the collateral-order doctrine?
Menocal and other detainees (“Menocal”) filed a class action against GEO Group, Inc. (“GEO”), alleging forced labor and unjust enrichment. GEO argues it is shielded from suit because, under the Yearsley doctrine, a contractor has immunity for actions performed at the government’s direction. GEO further contends that the lower courts’ denials of these claims are immediately appealable under the collateral-order doctrine. Menocal asserts that the Yearsley doctrine does not provide immunity from suit, only a defense, and that the lower court’s denial is not immediately appealable. The outcome of this case implicates the right to bring a suit against government contractors and will impact public welfare.
Questions as Framed for the Court by the Parties
Whether an order denying a government contractor’s claim of derivative sovereign immunity is immediately appealable under the collateral-order doctrine.
The GEO Group, Inc. (“GEO”) operates the Aurora Immigration Processing Center (“AIPC”) under a contract with the U.S. Immigration and Customs Enforcement (“ICE”). The GEO Group, Inc. v. Menocal, et. al. at 3. Alejandro Menocal was a detainee at AIPC in Aurora, Colorado, from June 2014 to September 2014.
Additional Resources
- John Elwood, Government contractors’ defenses, election challenges, and intellectual disability in capital cases, SCOTUSblog (May 29, 2025).
- Kristine Phillips, Thousands Of Detained Immigrants Say They Were Forced To Work For $1 A Day or Less, Miami Herald (March 6, 2017).
- Daniel Wiessner, US Supreme Court to Review GEO Group’s Loss In Immigrant Detainee Forced Labor Case, Reuters (June 2, 2025).
- The Associated Press, Former Immigration Detainees Challenge Labor Practices In Federal Court, CPR News (June 22, 2017).