Supreme Court sleeping pill

Some decisions are just too boring for words.

The current winner is Geo Group v. Menocal (US Supreme Ct 02/25/2026) [PDF]

A former detainee at a privately operated ICE facility sued the operator claiming violation of a federal bar on forced labor and Colorado's prohibition on unjust enrichment.

The operator's defense was that it was not liable for conduct that the Government has lawfully "authorized and directed" the contractor to perform. The operator appealed from the trial court's ruling that the Government did not instruct adoption of those policies. The 10th Circuit dismissed for lack of jurisdiction, holding that the trial court's order did not qualify for interlocutory review.

The US Supreme Court affirmed. Federal contractors have a potential merits defense rather than an immunity from suit, so a pretrial order denying protection is not immediately appealable. The finality rule of 28 U. S. C. §1291 precludes interlocutory review.

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