KSHB 41 reporter Rachel Henderson covers neighborhoods in Wyandotte and Leavenworth counties. Share your story idea with Rachel.
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The city of Leavenworth filed a federal lawsuit Monday against CoreCivic over the company's plan to reopen a private prison as an ICE detention center.
KSHB 41 obtained a copy of the lawsuit Monday night.
The suit comes after the city approved a resolution Tuesday, March 25, offering a formal statement on its position CoreCivic needs a special use permit to operate an ICE detention facility in Leavenworth.
Several residents spoke in opposition to the ICE detention center plan at the meeting and urged the city to sue CoreCivic.
The suit cites a 2021 case in which U.S. District Court Judge Julie A. Robinson called the former CoreCivic federal facility in Leavenworth a “hell hole.”
“The only way I could describe it frankly, what’s going on at CoreCivic right now is it’s an absolute hell hole. The Court is aware of it. The defense bar is aware of it. The prosecutors are aware of it. The United States Marshals are aware of it. He’s doing his best to get people moved as soon as the United States Marshal Service nationally can negotiate contracts with other facilities.
"So that’s no news to me as well, all that’s going on there and causing trauma to everybody – guards are being traumatized. Guards have been almost killed. Detainees are being traumatized with assaults and batteries, and not long ago a detainee was killed. So I’m well aware of the situation at CoreCivic and very troubled by it as well.”
The suit states CoreCivic needs a special use permit to open a facility in Leavenworth that has been “inactive” since 2021.
The city is also asking the court for a temporary restraining order, preliminary injunction and permanent injunction prohibiting CoreCivic from housing any detainees in the facility without applying for a special use permit.
The company operated a federal detention facility in the city from 1992 through 2021.
Most of those held in the detention center were pre-trial detainees under a contract with the U.S. Marshal's Service.
"During this time, CoreCivic became embroiled in multiple widely publicized scandals resulting from its gross mismanagement of the Facility and the ensuing rampant abuse, violence, and violations of the constitutional rights of its detainees and staff, such as those described above by Judge Robinson," the lawsuit states. "CoreCivic’s mismanagement directly and indirectly impacted the City in countless ways, including for example, by imposing unexpected maintenance costs on its taxpayers, unreasonably increasing the burden on the City’s police and law enforcement agencies to address violent crime, and even impeding the City’s investigation of sexual assaults and other violent crimes against detainees and staff."
In an email, the city manager responded to KSHB 41's request for comment with the following: "Since the litigation is pending, we are unable to comment at this time. We believe the City's position is accurately portrayed in the relevant documents attached with the filing."
CoreCivic's Senior Director of Public Affairs shared the following statement via email Monday evening:
"While we can't comment on the specifics of the litigation, the fact remains that we have served our federal partners, while also being a dedicated employer, business ally and community member in Leavenworth, for more than 30 years," Gustin said. "As we've shared publicly, our intention remains to meet the emerging needs of U.S. Immigration and Customs Enforcement (ICE) here at our Midwest Regional Reception Center (MRRC) and feel that the special use permit is not a necessary step that we must take. We look forward to partnering with the local community as we always have."
On Monday, April 7, the first hearing for the case was scheduled for April 23 as a status conference at 9:00 a.m. in Topeka Courtroom 401 before District Judge Toby Crouse.