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.