The Geo Group v. Menocal

Questions presented

SCOTUS records, cert granted 2 Jun 2025

Under 28 U.S.C. § 1291, the courts of appeals "have jurisdiction of appeals from all final decisions of the district courts." This Court has held that certain orders are immediately appealable under Section 1291 even though they do not terminate the litigation. Such "collateral orders" include orders denying claims of absolute immunity, qualified immunity, and state sovereign immunity. The question presented, which has divided the circuit courts 5-3, is whether an order denying a government contractor's claim of derivative sovereign immunity is immediately appealable under the collateral-order doctrine.

Opinion summary

Etalia.ai summary of the majority opinion

The dispute concerned whether GEO Group could immediately appeal a district court order refusing to dismiss a class action over work policies at its ICE detention facility. The detainee plaintiffs alleged GEO’s policies violated a federal ban on forced labor and Colorado’s unjust enrichment law. GEO argued that Yearsley protected it because the Government had authorized and directed the challenged conduct. Justice Kagan wrote that Yearsley gives contractors a defense to liability, not immunity from suit. Because a denial of that kind of defense can be reviewed after final judgment, it is not immediately appealable under the collateral-order doctrine. The Court therefore held that the court of appeals lacked jurisdiction to hear GEO’s interlocutory appeal and affirmed the dismissal of the appeal and remanded.