Geo Group, Inc. v. Menocal · ¶13

Following discovery, the District Court addressed GEO's contention that Yearsley required the suit's dismissal. That was so, the argument ran, because ICE had by contract “authorized and directed” GEO to carry out the two challenged policies. Defendant's Cross-Motion for Summary Judgt. in No. 14–2887 (D Colo., June 25, 2020), ECF Doc. 284, p. 17. But the District Court did not read the government contract that way. Nothing in its terms, the court found, instructed GEO to adopt the work rules at issue. Rather, in “independently develop[ing] and implement[ing]” those rules, GEO “far exceeded its contractual obligations.” 635 F. Supp. 3d 1151, 1173 (Colo. 2022). So the Yearsley doctrine, the District Court concluded, did not relieve GEO of legal responsibility. Instead, a trial would be necessary to address whether GEO's policies violated the referenced bans on forced labor or unjust…

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