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Kansas Appeals Court Upholds Injunction Blocking CoreCivic From Housing ICE Detainees in Leavenworth

The decision leaves CoreCivic barred from housing detainees pending a Leavenworth special-use permit.

Overview

  • Chief Judge Sarah Warner and Judges Thomas Malone and Stephen Hill affirmed District Judge John Bryant’s temporary injunction, finding no legal or factual error.
  • The panel said the injunction remains the operative status quo and that the city met the standards for temporary relief, including a showing of likely irreparable harm.
  • Sworn testimony from Police Chief Patrick Kitchens cited a six-day delay in reporting a 2018 in-custody death and alleged discouragement of investigations into sexual assaults.
  • The opinion said Leavenworth is enforcing generally applicable zoning rules and not targeting CoreCivic because of its federal contracting status.
  • CoreCivic’s second special-use permit advanced on a 4–1 first reading, with a final City Commission vote set for March 10, and any denial could be appealed in district court.