Geo Group, Inc. v. Menocal

**Opinion:** https://www.supremecourt.gov/opinions/25pdf/607us2r15\_bqmc.pdf ## Case background GEO Group operates a private detention facility in Aurora, Colorado, under a contract with U.S. Immigration and Customs Enforcement (ICE). Alejandro Menocal, a former detainee at the facility, brought a class action alleging that GEO’s work policies for detainees violated a federal bar on forced labor and Colorado’s prohibition on unjust enrichment. GEO argued that the suit had to be dismissed under Yearsley v. W. A. Ross Construction Co., which held that a federal contractor cannot be held liable for conduct the Government has lawfully “authorized and directed” it to perform, because ICE had authorized and directed the challenged policies. The District Court did not read GEO’s contract to instruct it to adopt those policies, concluded that Yearsley did not relieve GEO of legal responsibility, and held that a trial would be necessary. GEO immediately appealed, and the Tenth Circuit dismissed the appeal for lack of jurisdiction, holding that an order denying Yearsley protection does not qualify for interlocutory review under the collateral-order doctrine of Cohen v. Beneficial Industrial Loan Corp. ## Questions Presented (1) 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. ## Holding Because Yearsley provides federal contractors a potential merits defense rather than an immunity from suit, a pretrial order denying Yearsley protection is not immediately appealable. Under the collateral-order doctrine, a non-final order is appealable only if it would be effectively unreviewable on appeal from a final judgment. The right not to stand trial that an immunity confers is irretrievably lost once trial occurs, but the right to a finding of non-liability that a merits defense affords can be vindicated by reversing an adverse final judgment. Yearsley protects a contractor only when it has acted lawfully, and sovereign immunity does not transfer to government agents or contractors, so a Yearsley denial must await final judgment under § 1291. The Tenth Circuit’s judgment was affirmed and the case remanded. ## The Court Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson joined, and in which Justice Thomas joined as to Parts I and III. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Alito filed an opinion concurring in the judgment. ## What this episode contains This episode is an AI-narrated reading of the majority opinion in *Geo Group, Inc. v. Menocal*, written by Justice Kagan. **AI disclosure:** The voice in this episode is AI-generated, using a machine learning model styled to loosely resemble the authoring justice. Tone, inflection, pacing, and emphasis are artifacts of the model and should not be attributed to Justice Kagan. The text being read is the Court’s published majority opinion, lightly adapted to improve readability for the spoken format.