GEO Group is an Immigration and Customs Enforcement (ICE) contractor who is accused by Menocal, a detainee, of forced labor under the Trafficking Victims Protection Act. During trial, GEO filed for summary judgment, arguing that it enjoyed sovereign immunity as a government contractor. They contended that relevant precedents meant they were immune from suit—rather than merely able to use their status as a government contractor as a defense during a suit.
The district court denied the motion. And GEO then appealed to the Tenth Circuit. There, the question the court needed to answer was whether the order denying summary judgment was immediately appealable. Normally, an appellate court will not consider mid-litigation orders by district courts—they want to see the final lower court judgment, which they will then consider in totality. A small subset of mid-course orders may be appealable, however.
The Tenth Circuit held that the district court order was not immediately appealable and returned the case to the district court. GEO then appealed that Tenth Circuit decision to the Supreme Court.
The bot predicts they will affirm the Tenth Circuit. Kavanaugh expressed some skepticism toward the petitioners during argument, but may also see this as distally wrapped up in executive power. Most likely dissents: Alito, Gorsuch, and Roberts.
Vote Predictions
