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CA9 on Forced Labor: Owino v. CoreCivic

December 20, 2022 (1 min read)

Owino v. CoreCivic

"The opinion filed June 3, 2022, Owino v. CoreCivic, Inc., 36 F.4th 839 (9th Cir. 2022) is amended and superceded by the opinion filed concurrently with this order. The full court has been advised of the petition for rehearing en banc. A judge of this Court requested a vote on the petition for rehearing en banc. A majority of the nonrecused active judges did not vote to rehear the case en banc. Fed. R. App. 35. The petition for panel rehearing and for rehearing en banc is DENIED. No further petitions for panel rehearing or rehearing en banc will be entertained. This appeal arises from a class action filed by individuals who were incarcerated in private immigration detention facilities owned and operated by a for-profit corporation, CoreCivic, Inc. These individuals—detained solely due to their immigration status and neither charged with, nor convicted of, any crime—allege that the overseers of their private detention facilities forced them to perform labor against their will and without adequate compensation. Our inquiry on appeal concerns only whether the district court properly certified three classes of detainees. Considering the significant deference we owe to the district court when reviewing a class certification, as well as the district court’s extensive and reasoned findings, we affirm the certification of all three classes."