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Federal Judge Certifies Class of Detained Immigrants Suing GEO for Violating Trafficking Victims Protection Act and for Unjust Enrichment (Menocal v. GEO)

February 28, 2017 (1 min read)

Jacqueline Stevens, Feb. 27, 2017 - "Judge John Kane Order of February 27, 2017: "I have not found and GEO has not provided any authority requiring that, for TVPA claims, causation must be proven by direct and not circumstantial evidence. Were a jury deciding the individual merits of Representatives claims, it surely would be permitted to make such an inference. Thus, it should be allowed on a classwide basis as well."

Kane notes that precisely because Plaintiffs have few resources and are not native English speakers, class certification is appropriate. The order in its entirety is here.

For previous complaints, please go here.

Congratulations to the plaintiffs and the legal team behind this!! Brandt Milstein (Milstein Law Office), Andrew Turner (Buescher, Kelman & Perera, P.C.), Alexander Hood (Towards Justice),  Hans Meyer (Meyer Law Office, P.C.), Andrew Free (Law Office of R. Andrew Free).

Background: Attorneys read this article in the New York Times discussing research published as "One Dollar Per Day: The Slaving Wages of Immigration Jail, 1943 to Present," Georgetown Immigration Law Journaland sued GEO.  The FLSA claim was thrown out but Plaintiffs will appeal; the TVPA and Unjust Enrichment claims are the ones for which Judge Kane certified the class. 

Of course there is more legal work and research ahead.  The Deportation Research Clinic is soliciting donations to support this work, which at present is sustained  largely by student volunteer and paid research funded by a few thousand dollars/year from my discretionary account.  All contributions welcome! To learn more, please contact kelby@protonmail.com."