Kansas town to continue legal push against CoreCivic, despite federal involvement
Leavenworth residents have spoken up against CoreCivic housing immigration detainees, as they did at this August rally. But the city's officials say their legal fight with CoreCivic is strictly about making the company follow development codes. (Morgan Chilson/Kansas Reflector)
TOPEKA — Leavenworth officials aren’t backing down from holding private prison company CoreCivic accountable to development regulations even after the U.S. Department of Justice jumped into the case Tuesday.
The DOJ filed a statement of interest in the U.S. District Court case between Nashville-based CoreCivic and Leavenworth, arguing the city was violating the supremacy clause in the U.S. Constitution.
“The federal government’s filing does not change our view of the case or the approach we plan to take,” said W. Joseph Hatley, a Kansas City, Missouri, attorney representing the city of Leavenworth. “The arguments in that filing mirror arguments CoreCivic has previously made, without success.”
The clause says federal laws are supreme over state laws, and in its filing, the DOJ said Leavenworth is interfering in the federal government’s immigration enforcement efforts.
Leavenworth Mayor Holly Pittman has said the city’s fight over reopening CoreCivic’s prison isn’t driven by politics, despite repeated outcry from Leavenworth residents against housing U.S. Immigration and Customs Enforcement detainees.
She said the city is concerned about holding businesses accountable to their development regulations, which would require CoreCivic to apply for a special use permit.
Earlier this year, CoreCivic announced it planned to reopen its prison facility in Leavenworth to fulfill an ICE contract that would pay the company $4.2 million per month. But Leavenworth officials contend the company must follow the city’s revised development process and apply for a special use permit.
In court filings, the city’s attorneys highlighted issues with CoreCivic’s operation of its previous prison, which closed in 2021, including failing to cooperate with Leavenworth police and failure to report the death of an inmate for six days. Leavenworth officials have said a special use permit would allow them to address such problems.
U.S. District Judge Toby Crouse on Wednesday set a hearing on a CoreCivic motion for a preliminary injunction for 3 p.m. Nov. 25, Hatley said.
CoreCivic is appealing a Kansas district court decision to stop the company from housing ICE detainees as the legal disagreement with Leavenworth goes through the courts.