McCook residents file lawsuit over “unauthorized takeover” of work ethic camp
LINCOLN, Neb. (KLKN) — Nebraska Appleseed announced a lawsuit on Thursday to prevent Gov. Jim Pillen’s “unauthorized attempt” to repurpose McCook’s Work Ethic Camp into an ICE detention center.
The lawsuit — which was filed on Wednesday in the Red Willow County District Court — was filed on behalf of former State Sen. DiAnna Schimek and 13 McCook residents.
According to the lawsuit, the Legislature — not the Governor — has sole, constitutional authority to control or manage Nebraska’s correctional system.
Under Nebraska law, only the Legislature has the authority to repurpose the use of public buildings.
“Nebraska state law is clear: The Governor does not have the unilateral authority to change the purpose of any public building. That’s the Legislature’s job,” said Robert McEwen, Nebraska Appleseed’s Legal Director. “Our clients have expressed concern about the lack of transparency in making this decision and the many ways that replacing the Work Ethic Camp will cause harm to their community, including the loss of valuable services carried out by incarcerated men in the Work Ethic Camp.”
The lawsuit comes just days after Pillen announced the work ethic camp would start housing illegal immigrants on Nov. 1.
SEE ALSO: ICE detention center in McCook operational in November, Nebraska governor’s office says
The plaintiffs in this case asked for a temporary restraining order and a permanent injunction to stop the Governor and the Nebraska Department of Correctional Services from taking any further action to convert the facility into a detainment camp.
Laura Strimple, a spokeswoman for Gov. Jim Pillen, sent a statement to Channel 8 regarding the lawsuit:
Governor Pillen greatly appreciates the court’s prompt and well-reasoned dismissal of the plaintiff’s temporary restraining order. We expect and believe that the lawsuit is legally and substantively without merit, and we are confident that it will receive the scrutiny it deserves in our court system. Beyond that, this office has no further comment at this time on this pending legal matter.
On Thursday afternoon, Red Willow County District Judge Patrick Heng heard initial arguments in the lawsuit filed by Nebraska Appleseed.
The next hearing on this case is scheduled for Oct. 24 at 9 a.m.
McEwen issued the following statement following the hearing:
“We are pleased that the court recognizes the urgency of this matter and are hopeful that the legal question underscoring this case will be resolved quickly. Once again, Nebraska state law is clear: The Governor does not have the unilateral authority to change the purpose of any public building.”
